Loading...
HomeMy WebLinkAbout1997 10 27 Consent Item A r ~. COMMISSION AGENDA ITEM A REGULAR CONSENT X INFORMATIONAL October 27. 1997 Meeting MGR;P~ :fer Authorization REQUEST: Community Development Department - Land Development Division requesting Commissio~ approval for the recordation of the plat and covenants for Creeks Run Subdivision. This action is also for the acceptance of the water, sewer and reclaimed water systems within Creeks Run Subdivision for City ownership and maintenance. PURPOSE: The purpose of this Agenda Item is to request that the Commission approve the recordation of the plat and covenants for Creeks Run Subdivision. It is further requested that the Commission accept the water, sewer and reclaimed water systems for' City ownership and maintenance. This subdivision is located to the immediate east of Howell Creek and south of State Road 434. APPLICABLE CODE: Sec. 9-74. Action on final development plan; expiration of approval. (a) If the developer elects to request approval of a final development plan separately and prior to approval to record the plat of that development, the city commission may approve such final development plan if the plan is in substantial conformity with the approved preliminary plan or a subsequently approved modification to the preliminary plan. . . . Sec. 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. October 27, 1997 CONSENT AGENDA ITEM A Page 2 (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 relation'ship of the proposed plat to existing abutting plats to prevent unintended overlap or omission of lands. (4) Mortgage holders shall execute before two (2) witnesses and a notary public the following certification on plats: "The mortgageee(s) consents and agrees to the platting oflands embraced in this 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 the 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 re.corded 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. October 27, 1997 CONSENT AGENDA ITEM A Page 3 (d) An appropriate bond submitted in accordance with bonding procedures set forth in section 9-76 shall be required for all developments within which improvements are to be dedicated to the public. Sec. 9-76. Bonding procedures. (a) Surety-performance bond ..... (b) Maintenance bonds. 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 bond 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 alternative 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. Sec. 9-77. Approval of final plat. The city commission may approve the final plat, considering any applicable agency reports, if the plan is in substantial conformity with the approve preliminary plans and if it complies with regulations established by this chapter. Action by the city commission may be taken expeditiously, but not to exceed thirty (30) days after receipt of the final plat and supporting data by the city unless delay is requested by or caused by the applicant. If the commission certifies that the development has met all requirements hereof, the plat shall be endorsed as finally approved by the mayor and attested by the city clerk in order that the same may be recorded among the public records of the county. October 27, 1997 CONSENT AGENDA ITEM A Page 4 Sec. 9-78. Recording/distribution of the final plat. Upon completion of all approval action, the city planner shall be responsible for ensuring that the original linen is signed and sealed, and the plat and deed restrictions, .if any, are delivered to the appropriate authority for recording. The developer shall submit to the city the recording fee as specified in the current fee schedule. FINDINGS: (1) Final Engineering for this project was approved by the City Commission on March 10, 1997. (2) The City Engineer has approved the construction costs of the improvements to be accepted by the City at $215,531.77. The ten (10) percent amount for the maintenance bond is $21,553.18. The developer has tendered a Maintenance Letter of Credit in the amount of$22,500.00. 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: August 4, 1997 - City Engineer Memo to Land Development Coordinator September 25, 1997 - Land Development Coordinator Memo to City Attorney (without attachments) ... October 27, 1997 CONSENT AGENDA ITEM A Page 5 October 2, 1997 - Robert Guthre Memo to Don LeBlanc (updated by written OK on October 16, 1997) October 13, 1997 - Fire Chief Memo to Land Development Coordinator (without attachments) October 1 7, 1997 - City Engineer Letter to Reinardo Malave, P.E. - Plat - Covenants (Escrow Account addressed in Section 5.16) - Letter of Credit - Title Opinion COMMISSION ACTION: NOTE: It is requested that the plats be returned to the Land Development Coordinator once the meeting is over. These are used to distribute the addresses assigned to the subdivision to the concerned agencies. . "l'~:'"H~""'-'''' ....... \~ .M.'....... .~.. .--., .r-\ i I CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 August 4, 1997 TO: Land Management Specialist, Donald LeBlanc FROM: City Engineer, Mark L. Jenkins, ~# P.E. /"" SUBJECT: Tuscawilla 1S, Parcel 3 Maintenante Bond. Construction Costs for I am in receipt of the engineer I s opinion of construction costs for sanitary, water and reuse lines for the subject project. His letter dated July 31, 1997, is attached. His estimate of cost for the mentioned items is $215,531.77. Ten (10) percent of; this cost is $21,553.18. I recommend this amount be used for't~e 2-year maintenance bond. If you have any questions, please let me know. cc: Public Works/Utility Director September 25, 1997 To: frank Kruppenbacher, City Attorney . Don LeBlanc, Land Development Coordinator V From: Re: Creek's Run Subdivision Legal Review of Documents Attached for your legal review are the below listed documents as they relate to Creek's Run Subdivision: I) Proposed plat; 2) Proposed covenants; 3) Title Opinion; and 4) Proposed Maintenance Letter of Credit in the amount of$22,500.00 (also attached is City Engineer Memo of August 4, 1997 establishing the amount at $21,553.18). These documents have been reviewed by Staff and appear to be correct. The platting of Creek's Run may be an agenda item for Commission consideration as early as October 13, 1997. cc: City Manager (w/o attch) Community Development Coordinator (w/o attch) ,.. q LAW OFFICES FRANK KRUPPENBACHER A Professional Association Frank Kruppenbacher* Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 Telephone (407) 246-0200 Facsimile (407) 426-7767 * Also Admitted in Colorado MEMORANDUM TO: Don LeBlanc FROM: Robert Guthri DA TE: October 2, 1997 RE: Creek's Run Subdivision Legal Review of Documents I have reviewed the ,following documents and have these comments: Documents Comments 1. Proposed Plat This document is sufficient as submitted, subject to the "Joinder" issues discussed at item #3. 2. Proposed covenants These are satisfactory and do not have the problems recently encountered in an older project. ~~ ~~ \{ 't{ /\ \9 Two issues exist. First, be sure that this opinion is updated to revie\v title issues relating to the property simultaneous with City Council approval. Second, is reference to a Developers Agreement (recorded at ORB3102, pp. 1272 ff); and a Final Order (ORB 2443 pp. 1508 ff.); an Annexation Ordinances at ORB 2277, pp. 464 ff. and ORB 2277, pp. 469 ff I am not familiar with these documents and probably should see them. Can you secure copies of each for me? Thank you. 3. Title Opinion ~ 'l Charles Carrington October 2, 1997 Page 2 4. Proposed Maintenance bond/letter of Credit The amount of the bond complies with city code as does the letter of credit form. As a caution, if the plat is not accepted by the city prior to 11/18/97, the term of the bond/letter of credit should be extended beyond 11/18/99 to allow for two years from accepting the plat. Please secure the items referenced at item #3, above, and brief me about these issues if you are familiar with them and the history of the property. Thank you. cc: Charles Carrington, Community Development Coordinator 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 Manage... ment S.pecialist ~ From: Timothy J. Lallathin, Fire Chief ~//'~ Date: October 13, 1997,. . _ Subject: Creeks Bend,' De.ve1o'pmtin( Inspection An inspection of the above listed development occurred on 10/4/97 with the following results. ... . -, -, 1. The fire hydrants have-beerl"i'ns'pected arid meet City requirements. Inspection results are attached:'.' , 2. When the community entrance gates are operational an inspection of that system will be requir~d by the Fire Department prior to acceptance or issuance of any Certificate of Occupancy. . ~ - . ' , ~. " .. No additional comments are offered at this time, please inform when corrections have been made. ' , ' '. , cc: Building Department Engineering Kipton Lockcuff, Utility Director, David O'Brien, Deputy Fire Chief Attachment: 1 ':;i c; CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 October 17, 1997 Reinardo Malave, P.E. Bowyer-Singleton & Associates 520 South Magnolia Ave. Orlando, FL 32801 RE: Tuscawilla Tract 15 Parcel 3 - "Creeks Run" "As-Built" Inspection Dear Rae: "As-bui It" reinspecti ons have been performed by all appropriate departments, at the subject site. It was found to have been constructed in general conformance to the approved engineering plans. SEE ATTACHED SIGN-OFF CHECK LIST. I recommend the City Commission accept the subject subdivision as having been constructed in general conformance to the approved engineering plans.' NOTE: The sidewalk, along both sides of the entrance road, will be installed as soon as the wall is finished. The developer states this will be on or before November 14, 1997. SEE ATTACHED COpy OF DEVELOPER'S LETTER. If it is not installed by this date, I recommend the Building Division hold all new "Building Permits" and "Certificates of Occupancy" until the sidewalk is installed. If you have any questions, please give me a call at 327-8397. Sincerely, 4'': . /-} A J / // /: /:,.----.... tf'vv\.QNGv ~ ~ Mark L. Jenkins, P.E. City Engineer attachments: sign~off sheet & developer letter 10-3-97 cc: Community Development Director (no attachment) Land Management Specialist Building Official Reinardo Malave, P.E., FAX# 649-8664 - ',~ g CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Checklist for: e( "As-built" Inspection o Maintenance Bond Inspection Bond # Expiration date Site or Project lUSC4CJ/LLI4 /S ;J/1P~L 3 /h<rt ~ /'?uN . The following: departments have no outstanding deficienCies against this site/proiect: (initial and date) Engineerin~~-q~~ , i /J . . . . . /0 -/.. r;-. '77 . Building Additional Comments ~ ~_"iO' O~ .Cj7 , Dt/J.J.tI~..JJr?:{ ~ fA Ti u T'1 Dia7f ~~ t;;;;M.oru IvA I tJ7..J TIiE. m t31A/L T5 ~ N~ ~u-rtdvv.J t::: ~G . <;'lv/VlhJ& b'PF TlJ12. (Jlt;J'f3{f. - 1;.J.H)~ B11-Jl1~- 51,..n~ ~~,~ 1 m-J 1/lJ1> fYWn'fctZ- tlO- oq -Q,7 % ~ ,,<..t2.NO~ ~ )(;..U7-7 \oA 10. 1x:1. ~7 QnF'P n/').1 fdflJ...LII~ J7F" firee f7/d"7T. ~~ fI110~6 . fU0 Mr ~H1T3 J~5v~ ~ f'J~( S'".efTLerneNT ~w T~Its. tffNTIun".e,e bAVtr. p~$ ~ (-O'P~ - lAJ!,u.- ~.~ f~ ~ if' '7 FIRST~ ORIAND.O DEVELDPMENTCOMP~INC. --...........'--'-'-...-.- ~r>.......___ - October 3, 1997 l City ofWmter Springs Mark Jenkins : .:: Engineering Department 1126 East State Road 434 . Winter Springs, FL. 32708 . ".::-=- : . -,. ';':'::'~;- ..:~. " . ,.~.~~"':'. Dear Mark: : .~p . ~ '. " This letter serves as confirmation that we will construct the sidewalks at the entrance to . Creeksrun subdivision as soon as the wall 'is in place. We estimate that this will occur. no.., : ,:.. later than six weeks'from today's date.' ffyou have any questions: please.give me a call at::.:,.:.:~:'~.'..'.,-'"..":':/: 422-0498.'" ., . .. . .~~-. . :,'~ ',;~;"- .;.. f-~'::" ..-.~_:.:~.;;.~::~~~~' " . . . 'h..' ....... ,.-. -.." ....-.. ..-....-.. ..- -........ ".. -.... "". ' ,.' RECEIVED ._u.".. OCT'O 6, 1997"h '"j...", " -~."..~,~:"~"'~"/~~~:': ....;-.-~:h:.-::.'-..~.:~.;--j:~:~\,>:~~~~..::-..~ .<-. '.. ::......;..... ;.:;-:::....._ "-:f.-::" . - ; ~.' ::. . ':.: "-'~~"Y~"~~I4:~ ~~~t;~.~~... ',_"', "" ......... .;'. ." '., .., .. .... ..,........ .~::..._1_;.~...."-::..::~?::::_ .~'.~;t:;,~~ 't[:;J:'i;(~.:t'~t.~j2~~~t.;? ")":<':"., ... .:/:), OCT 0 6 )997, . ........ cl';xgt;",,'~~~:~I~ . Sincerely, Tho~~~;r~ . TJE/cc ":;';'.;:};~'(!::F:~':i?/~~:~~ . . ;. k.' . . ..:.~. .._,-' ,__., '_ -"" .~_:; '~~.:'._',: .~ :' ".;:. .....,; .,.._.",.-'~- .... .,.; .. . ,~"".: ":" '.: :/. -: .~: .;' -. ..'~ ,..- ~'. :...;" -I ..' ..... . ;'"': .~:.;,..:':..:~~~ ;t..~,-~'.. .. .. -.... .... '-;~..::::..:. :-.,.~-.. t":...:: ::'1' .' ,':.. ~ ~~ ..~:;?'~~~::...~:' ~<:~: ;~::;j;.~~~:-.;.~~~..:j:':-". .::;'~>1"'~ _"~~: ..:~~~..:.~\:. 't:...; f. -;":" "c. :':-1,0..~' ..~,..:~c.. '".~.....:': ~:.. 't, ..,:.<>;.l'~:>l'~~"" ,"':,'" i".'-:- .:" ~.; :~.;. ~;''::'' ~:F <~~~~:Z:,~~;:~:::i...:" !:=7- ',' '. ~:!_~' l ',. ": ',.t'.-.-:- -'~ ..,' . .' 1--' , , '.... .-"'~.'~ '....;~'..: . .~ .: ~ ...- .' :.~"~ ~ ~. ,;" .... ... '."" ::~'~:. "'f:' ..:--~:. ";;', ~ ") . ._, j }:'_~'~?~~ ~~~:~~~{:~ .:. ~s~ '~~:i:r . . . 201 SOUTH ORANGE AVENUE, SUITE 890, ORLANDO,'FL 32801 . 305/422~0498 .:.. ..I ....'. ~.,~.t\ ..;. . ' . .~"~:::~': :'.1i::~~2:~::~+;~':. -__...'....';~-'.. ~i"'..~w....J..... -.... .. ,..:............ - ...... "."I.:~ '. This Instrument Prepared by and to be Returned to: Jesse E. Graham, Jr., Esq./bkr Graham, Clark, Jones, Builder, Pratt & Marks 369 N. New York Avenue, Third Floor Winter Park, FL 32789 DECLARATION OF CONDITIONS. COVENANTS. EASEMENTS AND RESTRICTIONS FOR CREEK'S RUN COMMUNITY ASSOCIATION. INC. THIS DECLARATION is made this1- day of SEt' , 199] by Hubert R. Earley, whose address is 201 S. Orange Avenue, Orlando, Florida 32801, which declares hereby that the "Properties" described in Article II of this Declaration are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges ~nd liens hereinafter set forth. ARTICLE I. DEFINITIONS The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: 1.1 "Assessment" means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time. 1.2 "Association" means and refers to CREEK'S RUN COMMUNITY ASSOCIATION, ING., 'a Florida corporation not for profit, which is to be incorporated. 1 1.3 "Board of Directors" means and refers to the board of directors of the Association. 1.4 "Common Area" means and refers to all real property (including the improvements theretq) and all personal property owned by the Association and tracts of land, if any, shown or drawn on a Plat as owned or to be owned by the Association for the common use, enjoyment and benefit of the Owners and all property designated as common areas in any future recorded supplemental declaration (but not including any tract dedicated on a Plat to the City of Winter Springs or another public utility provider); together with the landscaping and any improvements thereon, including, without limitation, the Stormwater Management System and all structures, recreational facilities, open space, conseNation areas, retention areas, masonry walls, walkways, entrance markers, signs, street lights, streets and entry gate, but excluding any public utility in.stallations thereon: 1.5 "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Creek's Run Community Association, Inc. as recorded in the Public Records of Seminole County, Florida, and as the same may be amended from time to time. 1.6 "Declarant" means and refers to Hubert R. Earley and his successors and assigns by virtue of such written instruments assigning the rights and obligations of Declarant hereunder which are recorded in the Public Records of Seminole County, Florida. Upon recordation of any such assignment, the initial Declarant shall be released and absolved from any obligations on the part of the Declarant as may arise by or through this Declaration. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Declarant by the mere act of purchase or mortgage of a Lot. 1 .7 "Drainage Easements" means and refers to the drainage easements declared and reseNed on a Plat. 1.8 "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners of said Lot, and given to the Association Secretary for placement in the Association records. Notwithstanding anything contained herein to the contrary, all Lot Owners whether Entitled To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. In no event shall any mortgagee or other party holding any type of security interest in a Lot or 2 the Residence constructed thereon be Entitled To Vote for purposes hereof, unless and until any of said parties obtain or receive fee simple title to such Lot. 1.9 "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, or any other generally recognized institutional-type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Federal Housing Administration (FHA) or the Veteran's Administration (VA) and to any successor or assignee thereof. 1 .10 "Lot" means and refers to any Lot on a Plat of portions of the Properties, and any other property hereafter declared as a Lot by the Declarant and thereby made subject to this Declaration. 1.11 "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof. 1.12 "Owner" means and refers to the record owner, wh~ther,one or more persons or entities, of the fee simple title to any Lot situated upon the p'roperties. 1.13 "Plat" means and refers to all of Creek's Run, according to the plat thereof as recorded in Plat Book _' Page _ of the Public Records of Seminole County, Florida, together with any plat of additional/and made subject to this Declaration and to the jurisdiction of the Association. 1.14 "Properties" means and refers to all of the properties as described in Section 2.1 of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth. 1.15 "Residence" means and refers to any residential building constructed on a Lot for which a certificate of occupancy has been duly issued. 1.16 "Surface Water or Stormwater Management System" means a system 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 reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges. 3 '. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO 2.1 Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Seminole County, Florida, and is more particularly described as follows: All of Creek's Run, according to the plat thereof as recorded in Plat Book _, Page _ of the Public Records of Seminole County, Florida. all of which real property, and all additions thereto, is herein referred to collectively as the "Properties" . ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.1 Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 3.1, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically become a Member of the Association and shall be assured of all rights and privileges thereof upon presentation of a photostatically or otherwise reproduced copy of said Owner's deed to the Association Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new L.ot Owner. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be a Member of the Association unless and until any of said parties obtain or receive fee simple title to such Lot. 3.2 Voting Rights. The Association shall have two (2) classes of voting membership: Class A. Class A Membership shall be all Owners of Lots (except the Declarant and its successors and assigns as long as the Class B membership shall exist, and thereafter, shall be Class A Members to the extent each would otherwise 4 ) qualify). Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot owned by the Class B Member. The Class B membership shall cease and terminate upon the earlier to occur of the following: (i) August , 2006; (ii) at such time as seventy-five percent (75%) of the maximum number of Residences allowed for the Properties and Additional Properties have been conveyed to Class A Members, or (iii) sooner at the election of the Declarant, whereupon the Class A Members shall be obligated to elect the Board of Directors and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership. 3.3 General Matters. When reference is made herein, or in the Articles of Incorporation, Bylaws, Rules and Regulationsj management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves. ARTICLE IV. PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS 4.1 Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Area for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents and invitees, in such manner as may be regulated by the Association. Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following: A. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration and with the restrictions on the Plats of portions of the Properties from time to time recorded; 5 B. The right of the Association to suspend the Owner's voting rights for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations; C. The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Area and all facilities at any time situated thereon, including the right to fine Members as hereinafter provided. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and D. The right to the use and enjoyment of the Common Area and facilities thereon shall extend to all permitted user's immediate family who reside with him subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations. 4.2 Easements Appurtenant. The easements provided in Section 4.1 shall be appurtenant to and shall pass with the t!tle to each Lot. 4.3 Maintenance. The Association shall at all times maintain in good repair and manage, operate and insure, and shall repla-ce as required, the Common Area and the sign and landscaping located on the east and west corners of the subdivision entrance at the intersection with State Road 434, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures installed by the Declarant or the Association situated on the Common Area or located at the intersection of the subdivision entrance at State Road 434, with all such work to be done as ordered by the Board of Directors of the Association. In order to maintain, manage and operate the Common Area, and such appurtenances as are described above, the Association shall have the right and authority to enter into such contracts or agreements as the Board of Directors of the Association deem appropriate. Maintenance of any lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Declarant's responsibility to the City of Winter Springs of any kind with respect to the Common Area and shall indemnify and hold the Declarant harmless with respect thereto. In addition, the Association shall be responsible for the maintenance, operation and repair of the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface 6 water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted or, if modified, as approved by the St. Johns River Water Management District and the City of Winter Springs. Each Owner shall be responsible for the maintenance, replacement, and repair of all walls, gates, paving, structures and improvements located on his Lot, other than those specifically provided to be maintained by the Association. All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or. special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Area or Lots or abandonment of the right to use the Common Area. 4.4 Utility Easements. The Association shall have the right to grant permits, licenses, and easements over the Common Area for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of the Properties. In addition, easements over, upon, under, through and across the Common Area are reserved to the Association and the Declarant, and may be declared or granted from time to time by the Declarant during any period that the Declarant shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Properties as may be 'required from time to time to serve any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Properties or not. Regarding any easement declared by the Declarant, the joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required. 4.5 Drainage Easements. Drainage Easements have been declared and reserved as shown on. and created by the Plat. Each Owner of any Lot encumbered by a Drainage Easement upon which a drainage swale is located shall be solely responsible for the repair, replacement, and maintenance of such drainage swale. Alteration, obstruction or removal of any drainage swales or drainage control facilities or structures is expressly prohibited. In the event any Owner fails to repair, replace and maintain any drainage swales, or alters or obstructs any piping, drainage swales, facilities or structures, the Association may repair, replace and maintain such drainage swales, facilities and structures and assess such Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Declarant and the Association over, upon and across such Owner's Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any 7 improvements or other,wise permit anything to occur within any Drainage Easement area which would in any way effect said Drainage Easement or any swale, pipe or drainage control facility or structure located therein or thereon, unless, in the event of construction of any improvements, ,such improvements have been approved by Declarant or the ARB (as hereinafter defined). Without limiting the foregoing the Association shall have a perpetual non-exclusive easement over all areas of the surface water or stormwater management system for access to operate, maintain or repair the systems. By this easement, the Association shall have the right to enter upon any portion of any lot which is a part of the surface water or stormwater management system, at a reasonable time and in a reasonable manner, to operate, maintain or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District and the City of Winter Springs. 4.6 Ownership. As shown on the Plat, the Common Area is hereby dedicated non-exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Properties and such Owners' tenants, guests and invitees. Prior to conveyance of any Lot to a Class A Member, the Common Area shall be conveyed to the Association, which shall accept such conveyance. Beginning on the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Area (whether or not then conveyed or to be conveyed to the Association), such maintenance to be performed in a continuous and satisfactory manner. It is intended that all real estate taxes, if any, assessed against that portion of the Common Area owned or to be owned by the,Association shall be proportionally assessed against and payable as part of the taxes of the Lots within the Properties. However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Area, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date this Declaration is recorded. The Common Area cannot be mortgaged or conveyed without the approval of two- thirds (2/3) of each class of Members voting at an annual or special meeting of the membership of the Association. The Stormwater Management System (as a system) shall not be mortgaged. 8 , ,. 4.7 Conservation Easements. Declarant reserves the right to grant conservation easements and development rights to qualified grantees, including without limitation the St. Johns River Water Management District, over, upon and across the Common Area. 4.8 Declarant Offices. Notwithstanding anything herein to the contrary, but subject to approval by the City of Winter Springs if required by its laws and ordinances, the Declarant shall have ,the specific right to maintain upon any portion of the Properties administrative, hospitality, marketing, information, construction, and other necessary offices (upon payment of appropriate fees), and appropriate easements of access and use are expressly. reserved unto the Declarant and its successors, assigns, employees and contractors, for this pLirpose. ARTICLE V. ASSOC IA TI ON-COVENANT FOR MAINTENANCE ASSESSMENTS 5.1 Creation of the Lien and Personal Obligations of the Assessments. Except as provided elsewhere herein, the Declarant (and each party joining in this Declaration or in any supplemental declaration), for all Lots within the Properties, hereby covenant and agree, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation and insurance of the Common Areas and other properties that may be otherwise us~d for the benefit of the Properties as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided elsewhere herein and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, individual assessments may be levied against particular Owners and Lots for expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the Assessment fell due. Except as provided herein with respect to individual Assessments which may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its 9 jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. 5.2 Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for maintenance, repair, renovation, and construction upon the Common Areas, and the maintenance and repair of such other properties as may be used for the benefit of the Properties, as specifically provided herein, 'capital improvements, reserves, operating costs of the Association and to promote the health, safety, welfare and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein. Without limiting the foregoing, the regular Assessments shall also be used for the maintenance and repair of the surface water or stormwater management systems including but not limited to work within retention areas, drainage structures and drainage easements. 5.3 Reserves for Replacement. The Association shall be required to establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area. The reserve fund shall be funded from annual Assessments. 5.4 Working Capital. Upon the initial closing of the sale or the occupation of a Residence, the buyer (or Owner) of such Residence shall pay to the Association an amount equal to one-sixth (1/6) of the annual assessment of the Association for such Lot, which amount shall be maintained in an account by the Association as working capital for the use and benefit of the Association. Said amount shall not be considered as advance payment of annual Assessments. 5.5 Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the minimum annual assessment shall be THREE HUNDRED SIXTY AND NO/100 DOLLARS ($360.00) per Lot and the maximum annual assessment shall be FOUR HUNDRED EIGHTY AND NO/100 DOLLARS ($480.00) per Lot. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year, upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than fifteen percent (15%) above the maximum assessment for the previous year. B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be 10 increased by an amount greater than fifteen percent (15%) above the maximum assessment for the previous year, as hereinabove provided, upon approval of two-thirds (2/3) of each class of-Members voting in person or by proxy at a meeting duly called for such purpose. C. The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum. 5.6 Exterior Maintenance. The Owner of each Lot shall maintain the exterior of the Residence and the Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner thirty (30) days' written notice sent to his last known address, or to the address of the subject premises, perform such reasonable maintenance and make such repairs as may be required to restore the neat and attractive appearance of the Lot and the exterior of the :Residence located thereon. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute an individual Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor in its sole discretion. 5.7 Capital Improvements. Funds which are necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Area or other properties used for the benefit of the Properties and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval by two-thirds (2/3) of each class of Members voting in person or by proxy at a meeting duly called for such purpose. 5.8 Notice and Quorum for Any Action Authorized Under Sections 5.5 and 5.7. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.5 or 5.7 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of Membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 11 5.9 Date of Commencement of Annual Assessments: Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the conveyance of Common Area to the Association and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance by one (1) annual payment, or by monthly, quarterly or biannual installments in the discretion of the Board of Directors of the Association. At the time of the closing of the sale of any Lot, the purchaser thereof shall pay to the Association an amount equal to the lesser of: (i) the full annual Assessment multiplied by a fraction, the numerator of which is the number of days remaining in the year of closing (including the date of closing) and the denominator of which is 365 or (ii) the portion of the full annual Assessment otherwise due and owing for the remainder of the year. The due date of any special Assessment shall be fixed in the Board resolution authorizing such assessment. 5.10 Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the Assessment shall thereupon be sent to every Owner subject thereto thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the A~sociati~n therein stated to have been paid. The Association may charge a reasonable fee for such certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Declarant) for management services or for other services beneficial to the Association or the proper operation and maintenance of the Properties. The Association shall have all other powers provided elsewhere herein, in its Articles of Incorporation and its Bylaws. 5.11 Effect of Non-Payment of Assessment: the Personal Obligation: the Lien: Remedies of the Association. If the Assessments (or installments), whether general or special, are not paid on the date(s) when due (being the date(s) specified herein), then such Assessments (or installments) shall become delinquent and shall, together with late 12 charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot which shall bind such property. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due. If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than FIFTY AND NO/100 DOLLARS ($50.00) may be imposed and all such sums shall bear interest from the dates when due until paid at the highest lawful rate and the Association may bring an action at law against the Owner(s) personally obligated to pay the same or may record a claim of lien against the Lot on which the assessments and late charges are unpaid or may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively. In any such action or actions, the Association shall also have the right to recover its attorneys' fees (including paralegal fees) and costs, whether incurred before trial, at trial and upon all appellate levels. In addition to the rights of collection of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid and no sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all' Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 5.12 of this Article. It shall be the le'gal right of the Association to enforce payment of the Assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder. 5.12 Subordination of the Lien. The lien of the assessments provided for in this Article shall. be subordinate to the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid Assessment 13 which cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. 5.13 Collection of Assessments. The Association shall collect the Assessments of the Association. 5.14 Effect on Declarant. Notwithstanding any provision that may be contained to the contrary in this Declaration, or the Articles of Incorporation or Bylaws of the Association, for as long as Declarant or its successors or assignees, from time to time, is the Owner of any Lot on which a Residence has not yet been constructed, the Declarant shall be liable for the full Assessments against each Lot so owned; provided, however, the Declarant, in its sole discretion, may elect in any given assessment year, in lieu of payment of the full Assessments for each such Lot, to pay the amount of any deficits incurred by the Association for expenses incurred in excess of the amounts collected as Assessments. For purposes hereof, the existence, or nonexistence of a deficit for the Association shall be determined on cash basis accounting instead of accrual basis. When Declarant has sold and conveyed all.its Lots in the Properties, Declarant shall not have further liability of any kind to the Association for the payment of Assessments or for funding any deficits of the Association. 5.15 Trust Funds. The portion of all regular Assessments collected by the Association for reserves for future expenses, and the entire amount of all special assessments, shall be held by the Association for the Owners of all Lots, as their interests may appear, and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions the deposits of which are insured by an agency of the United States. 5.16 Escrow of Reserve Account. Notwithstanding anything contained herein to the contrary, Declarant agrees to escrow the portion of the annual Assessment allocated to reserve accounts for the benefit of the Members (which reserve account shall not be less than 10% of the total annual Assessments collected). The Declarant shall turn over the escrowed funds to the Association at the time the Class B Membership shall cease and be converted to Class A Membership. In no event shall Declarant be obligated to fund the reserve account except as may be provided under paragraph 5.14 herein. 14 " ARTICLE VI. CERTAIN RULES AND REGULATIONS 6.1 Land Use and Building Type. No Lot shall be used except for residential purposes. No building constructed on a Lot shall be used except for residential purposes. No business, commer9ial, industrial, trade, professional or other non-residential activity or use of any nature or kind shall be conducted on any Lot. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Residence. Temporary uses by Declarant for model homes, marketing, offices, parking lots, construction offices and other offices, or anyone or combination of such uses, shall be permitted until permanent cessation of such uses takes place. No changes may be made in buildings erected by the Declarant (except if such changes are made by the Declarant) without the consent of the Architectural Review Board as provided herein. 6.2 Opening Walls: Removing Fences or Landscaping. No Owner shall make or permit any opening to be made in any Declarant or Association erected wall, except as such opening is installed by Declarant or the Association. No such building wall or masonry wall or fence, or any associated landscaping or buffer improvements, shall. be demolished or removed without the prior written consent of the Declarant and the Architectural Review Board. Declarant shall have the right but shall not be obligated to assign all or any portion of its rights and privileges under this Section to the Association. 6.3 Easements. Easements for installation, replacement, connection to, disconnection from, and maintenance of utilities are reserved as shown on the recorded Plats covering the Properties and as provided herein. Within these easements, no structure, planting or other material may be placed or permitted to remain without approval of the City of Winter Springs. The area of each Lot covered by an easement and all improvements in the wea shall be maintained continuously by the Owner of the Lot, except as provided herein to the contrary and except for installations for which a public authority or utility company is responsible. The appropriate water and sewer authority, electric and gas utility company, telephone company, the Association, and Declarant and their respective successors and assigns, shall have a perpetual easement for the installation, replacement, connection to, disconnection from, and maintenance, all underground, of water lines, sanitary sewers, storm drains, gas and electric, telephone and security lines, cables and conduits, under and through the utility and drainage easements, as the case may be, as shown on the Plats. Declarant and its designees, successors and assigns, shall have a perpetual easement for the installation and maintenance of cable, radio, television and security lines within utility easement areas shown on the Plat. All utility lines within the Properties, whether in street rights-of-way or utility easements, shall be installed and maintained underground. 15 I I 6.4 Nuisances. No noxious, offensive or unlawful activity shall be carried on upon or about the Properties, nor shall anything be done thereon which may be or may become an annoyance or nuisance to other Owners. 6.5 Temporary and Other Structures. No structure of a temporary character, or storage shed, utility shed or similar structure, green house, trailer, tent, mobile home, motor home, or recreational vehicle, shall be permitted on the Properties at any time either temporarily or permanently, except by the Declarant during construction. Further, none of said items may be used as a residence. No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any Residence or on or about any ancillary building, unless approved by the Architectural Review Board, and if approved must be buried or screened and enclosed by a structure approved by the Architectural Review Board. 6.6 Signs. No sign of any kind shall be displayed to the public view on the Properties, except any sign used by the Declarant to advertise the company or builder, project, sales or othefmatters during the construction and sales period. No sign of any kind shall be permitted to be placed inside a home or on the outside walls of the home so as to be visible from the exterior or on any fences on the Properties, nor on the Common Area, nor on dedicated areas, if any, nor on entryways or any vehicles within the Properties, except such as are placed by the Declarant. Provided, however, one (1) discreet, professionally prepared "For Sale" sign of not more than three (3) square feet may be placed on the street side of the Lot, subject to prior approval by the Architectural Review Board. 6.7 Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Properties, nor on dedicated areas, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in the Properties. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to these restrictions. 6.8 Animals and Pets. No reptiles, livestock, poultry or animals of any kind, nature or description shall be kept, bred or raised upon the Properties, except for dogs, cats, birds or other usual or customary household pets which may be kept, raised and maintained upon the Properties, provided that the same are not kept, raised or maintained thereon for business or commercial purposes or in number deemed unreasonable by the Declarant or the Association, in the exercise of their reasonable discretion. Numbers in excess of two (2) of each type of household pet (other than aquarium-kept fish) shall prima facia be considered unreasonable. Notwithstanding the foregoing, no such reptiles, 16 animals, birds or other pets may be kept, raised or maintained on the Properties under circumstances, which, in the good faith judgment of the Declarant or the Association, shall constitute an unreasonable annoyance, hazard, or nuisance to residents in the vicinity or an unreasonable interference with the comfortable and quiet use, occupation and enjoyment of other Lots or portions of the Properties. 6.9 Architectural Control. No building, addition, wall, addition, fence or other structure or improvement of any nature or kind (including mailboxes, landscaping and exterior paint and finish) shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping, or composition of the materials used therefor, as may be required by the Architectural Review Board (sometimes referred to herein as the "ARB") have been approved in writing by the Architectural Review Board named below and all necessary governmental permits are obtained. Each building, addition, wall, fence, mailbox or other structure or improvement of any nature, together with the landscaping, shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved and applicable governmental permits and requirements. The Architectural Review Board shall have the right, in its sole and absolute discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on any ground, including purely aesthetic grounds. Any change in the exterior appearance of any building, wall, fence, mailbox or other structure or improvements, and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The Architectural Review Board shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Section. So long as the Class B Membership exists, the ARB shall be appointed by the Declarant. Thereafter, the Architectural Review Board shall be a committee composed of or appointed by the Board of Directors of the Association. During the period in which the Declarant appoints the membership of the ARB, the ARB shall have three (3) members. At such time as the Board of Directors appoints the ARB members, the ARB shall have any number of members, but never less than three (3), as deemed appropriate by the Board of Directors. The address of the Architectural Review Board shall be the address of the Declarant or the Association, depending on which party appoints its membership. The Board of Directors of the Association and the ARB may employ personnel and consultants to assist the ARB at the expense of the Association. The members of the ARB shall not be entitled to any compensation for services performed pursuant to this Declaration. The Architectural Review Board shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the same (and all further documentation required) or else 17 the request shall be deemed approved. The foregoing provisions regarding ARB approval shall not be applicable to the Declarant or to construction activities conducted by the Declarant. Notwithstanding anything herein to the contrary, the ARB, cannot approve anything in conflict with the City Code. The Declarant, if consistent with City Codes, may grant variances as to the restrictions, conditions and requirements set forth in this Declaration so long as, in the judgment of the Declarant, the noncompliance for which the variance is granted is not of a substantial nature and the granting of the variance shall not unreasonably detract from the use and enjoyment of adjoining Lots and the Properties. In no event shall the granting of a variance in one instance require the' Declarant to grant a similar or other type of variance in any other instance, it being understood that the granting of variances from the restrictions, conditions and requirements of this Article shall be in the sole and absolute discretion of the Declarant, subject to compliance with City Codes. The Architectural Review Board and any and all officers, directors, employees, agents and Members of the Association shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever, by reason of or on account of any decision, approval or disapproval of any plans, specifications or othermaterials required to be submitted for review and approval pursuant to provisions of this Section of this Declaration, or for any mistake in judgment, negligence, misfeasance, or nonfeasance related to or in connection with any such decision, approval or disapproval, and each Owner by acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against such parties. 6.10 Exterior Appearances and Landscaping. The paint, coating, stain and other exterior finishing colors on all Residences and masonry walls may be maintained as that originally installed, without prior approval of the Architectural Review Board, but prior approval of the Architectural Review Board shall be necessary before any such exterior finishing color is changed. 6.11 Commercial Trucks. Trailers. Campers and Boats. With the exception of non- commercial trucks with 3/4 ton capacity or less, no trucks or commercial vehicles, or campers, mobile homes, motorhomes, house trailers or trailers of every other description, recreational vehicles, boats, boat trailers, horse trailers or vans, shall be permitted to be parked or to be stored at any place on the Properties, nor in dedicated areas, unless same shall be parked or stored entirely within and fully enclosed by a garage. This prohibition 18 of parking shall not apply to temporary parking or trucks and commercial vehicles, such as for pick-up and delivery and other commercial services, nor to non-commercial vans for personal use which are in acceptable condition in the sole opinion of the Board of Directors (which favorable opinion may be changed at any time), nor to any vehicles of the Declarant or those required by any builder during construction on any Lot. No on-street parking shall be permitted. In the event any provision of this covenant is breached, the Declarant or the Association may have said truck, commercial vehicle, camper, mobile home, motorhome, house trailer, other trailer, recreational vehicle, boat, boat trailer, or horse trailer towed from the Properties at the Lot Owner's sole cost and expense, and an individual Assessment may be levied therefor against such Owner. 6.12 Garbage and Trash Disposal. No garbage, refuse, trash or rubbish shall be deposited except as permitted by the Association. The requirements from time to time of the applicable governmental authority for disposal or collection of waste shall be complied with. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All garbage and trash containers and their storage areas and the like shall be kept within a garage, placed inside an enclosure approved by the Architectural Review Board, or behind opaque walls attached to and made a part of the Residence on each Lot, and otherwise in conformity with applicable rules, regulations and approvals. Such containers may not be placed out for collection sooner than the night prior to scheduled collection and must be removed within the night of collection. 6.13 Fences. No fence, wall or other similar structure shall be erected on any Lot unless the materials therefor and color thereof are in accordance with such standards as may be adopted by the ARB and the location and dimensions thereof are approved by the ARB. The ARB shall have the right to adopt such standards as it deems advisable in regard to the location and height of and colors and materials for any fences installed within the Properties. In no event shall any wall or fence exceed six (6) feet in height. Further, in no event shall any fences forward of the front building line exceed four (4) feet in height. 6.14 Mailboxes. No mailboxes or similar improvement shall be installed on any Lot unless the location thereof has been approved by the ARB and the materials therefor and color thereof have been approved by the ARB and are in accordance with such standards for materials and colors as may be adopted by the ARB. All mailboxes shall satisfy U.S. Post Office regulations when they are installed. Breakaway mailboxes are encouraged. 6.15 No Drying. To the extent lawful, no clothing, laundry or wash shall be aired or dried on any portion of the Properties which is visible from the adjacent Lots, or the streets, or any other adjoining portion of the Properties. 19 6.16 Unit Air Conditioners and Reflective Materials. No air conditioning units may be mounted through windows or walls or on any roof. Central air conditioning units shall be screened from view' by such walls and/or landscaping as may be approved by the ARB. No building shall have any aluminum foil placed in any window or glass door or any reflective substance or other materials (except standard window treatments) placed on any glass, except such as may be approved by the Architectural Review Board for energy conservation purposes. 6.17' Exterior Antennas. No exterior antennas, microwave antennas, satellite antennas, microwave dish, satellite dish (with the sole exception of an 18" or smaller satellite dish which is not subject to this restriction), transducers, or signal amplification systems for use in connection with television or radio equipment or the like shall be permitted on any Lot or improvement thereon, except that Declarant shall have the right to install and maintain community antenna, microwave antenna, dishes, satellite antenna and radio, television and security lines. 6.18 Chain Link Fences. No chain link fences shall be permitted on any Lot or portion thereof, unless installed by Declarant during construction periods or around any retention or detention areas as required by the City of Winter Springs. 6.19 Recreational Facilities. No tree houses, or skate board or bicycle ramps shall be constructed or placed upon the Properties. Basketball goals may be permitted, subject to the approval of the ARB as to the type of equipment to be installed and the location thereof. 6.20 Garage. Each Residence shall have a garage large enough to accommodate at least two (2) cars. Garage doors shall remain in operating condition and shall remain down at all times except when moving automobiles or transporting items to and from the Residence through the garage. 6.21 Residence. Each Residence constructed on a Lot shall have a minimum heating and cooled living area no less than on thousand (1,000) square feet. For purposes of determining the width of corner Lots, in order to apply the foregoing restrictions, the shorter street frontage shall constitute the front yard. 6.22 Roofs. The roofs of the main body of all buildings and other structures, including the Residence, shall be pitched. No flat roofs shall be permitted without the approval of the Declarant and the Architectural Review Board. The Declarant and Architectural Review Board may, in their discretion, approve flat roofs on part of the main 20 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") in twelve inches (12") (6/12 vertical/horizontal). All roofs shall be constructed of clay, tile, cement tile, slate, fiberglass, standing seam copper, cedar shake shingle, architectural shingle, or other materials approved by the Architectural Review Board. All roof colors must be approved by the Architectural Reyiew Board in its sole discretion. No pure white, pure black or pure primary colored roofs shall be permitted. 6.23 Grass. No type or variety of grass other than St. Augustine grass or a hybrid thereof shall be planted on any Lot, and such grass shall be fully planted on such areas where specified on a landscape plan approved by the Architectural Review Board. The planting of grass on each Lot 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, except to replace any dead sod. 6.24 Irrigation Systems. All landscaped and grassed open areas on each Lot shall be irrigated by means of an automatic underground irrigation or sprinkling system capable of regularly and sufficiently watering all lawns and plantings within such 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 Architectural Review Board as part of the landscape plan required pursuant to the provisions of Section 6.23 above. 6.25 Precedence Over Less Stringent Governmental Regulations. In those instances where the covenants, conditions and restrictions set forth in this Article set or establish minimum standards in excess of the ordinances, regulations and requirements of the City of Winter Springs and other applicable government authorities, including without limitation, building and zoning regulations, the covenants, conditions and restrictions set forth in this Article shall take precedence and prevail over any such less stringent ordinances, regulations and requirements. Notwithstanding the foregoing, all laws and regulations of the City of Winter Springs shall be complied with by all owners of the Properties (nothing herein is intended to prevent any owner of any portions of the Properties from seeking variances, special exceptions, waivers, etc. from the laws and regulations of the City 'of Winter Springs). 6.26 Solar Panels. Solar panels may only be constructed on the roof of a Residence so as not to be visible from the adjacent street (or configured so as to minimize visibly in the case of corner Lots) and only after review and approval by the ARB, in its sole and absolute discretion. The ARB reserves the right to promulgate such performance 21 standards and requirements as it may deem desirable in regard to the installation of solar panels. 6.27 Construction Time. Unless and otherwise approved by the Architectural Review Board in writing, construction of Residences 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 this Article 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 discretion, determines that the request is reasonable and the extension is warranted. 6.28 Plats. All purchasers of lots and houses which are the subject of this Declaration shall receive a copy of the plat within which their lots and houses are located. 6.29 Additional Rules and Regulations. In addition to the foregoing, the Association shall have the right, power and authority, subject to the prior written consent and approval of Declarant, to promulgate and impose rules and regulations governing and/or restricting the use of the Properties and Lots, including without limitation rules and regulations relating to the placement or installation of any type of improvement on any Lot, and to thereafter change, modify, alter, amend, rescind and augment any of the same; provided, however, that no rules and 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 the Properties and the Owner's thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under such Owners. 22 ,I .. ARTICLE VII. ENFORCEMENT 7.1 Compliance by Owners. Every Owner shall comply with the terms, provisions, restrictions and covenants set forth herein and any and all rules and regulations which from time to time may be adopted by the Board of Directors of the Association. 7.2 Enforcement. The Declarant, the Association, the Association Board of Directors, the Architectural Review Board, each Owner, the City of Winter Springs, Florida, or any other party as provided herein shall have the right to enforce this Declaration and the covenants, restrictions and provisions hereof. In addition, the St. Johns River Water Management District shall have the right to enforce this Declaration with respect to the operation and maintenance of the stormwater management system for the Properties. Enforcement of this Declaration and the covenants, restrictions and provisions hereof may be accomplished by any proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right to suspend the voting rights and use of the Common Area of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof shall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall be responsible for all costs incurred in enforcement of this Declaration, including but not limited to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and expense, court costs and witness and expert fees and costs, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal. ARTICLE VIII. STORMWA TER MANAGEMENT SYSTEM The storm water management system of the Properties is subject to the jurisdiction of the St. Johns River Water Management District, which has issued a permit for the operation of such system, as the same may be amended from time to time (collectively the "Permit") and is also subject to the jurisdiction of the City of Winter Springs. The Association shall own, operate and maintain all retention ponds and drainage improvements as may be situated throughout the Common Areas. The Association shall maintain the stormwater management system in accordance with all Permit and City of Winter Springs requirements. 23 ARTICLE IX. GENERAL PROVISIONS 9.1 Municipal Service Taxing Units. Upon acceptance of any deed or other instrument conveying title to any Lot, each Owner thereof acknowledges that each such Lot is or may be located in one or more municipal service taxing units (each is an "MSTU") for the purpose of providing street lighting or any other purposes for which an MSTU may be established under Florida law. Each Owner agrees to be subject to and bound by such MSTUs and to pay all fees, charges, surcharges, levies and assessments, in whatsoever nature or form, relating to said districts and/or to the Owner's Lot. Further, each Owner agrees that it shall cooperate fully with Declarant or the Association in connection with any efforts of Declarant or the Association to include the Properties in any MSTUs, and to execute any documents or instruments which may be required to do so. 9.2 Insurance and Fidelity Bonds. The Association may obtain and maintain in effect casualty and liability insurance and fidelity bond coverage in form and amount as may be deemed advisable by the Board of Directors of the Association. 9.3 Duration; Amendment. The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of thirty (30) years from the date this Declaration is recorded, after which they shall be automatically extended for successive periods of ten (10) years; unless during the last year of its applicability during the initial term or any extension period no less than seventy-five percent (75%) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declarat!on. Provided, however, no such termination shall void the duty of the Association to main:tain the stormwater management system unless specifically allowed by the St. Johns River Water Management District and the City of Winter Springs. Further, no such termination shall have the effect of terminating any easements herein provided or reserved. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any such amendment must be recorded in the Public Records of Seminole County, Florida. Notwithstanding any provision to the contrary herein contained, the Declarant shall have the right to amend this Declaration without the consent, approval or joinder of any other person or Owner, except the Federal Housing Administration (FHA) or the Veterans Administration 01A), orthe Federal National Mortgage Association (FNMA), or the Federal Home Loan Mortgage Corporation (FHLMC), if such amendment is required in order to cause this. Declaration to comply with applicable FHA, VA, FNMA and/or FHLMC requirements. Such an amendment to this Declaration, the Articles of Incorporation or 24 Bylaws of the Association needs to be signed and acknowledged only by the Declarant and need not be approved by the Association, Lot Owners or lienor or mortgagees of Lots, whether or not elsewhere required for an amendment. 9.4 Notice. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. 9.5 Severability. Invalidation of anyone of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. 9.6 Annexation of Additional Land. Other than annexation of the Additional Properties while Declarant is a Class B Member as provided in and governed by Section 2.2 above, additional residential property and common area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of Members. 9.7 Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Seminole County, Florida. 9.8 FHANA Approval. Notwithstanding anything herein to the contrary, as long as there is a Class B Membership in the Association, the following actions will require the prior approval of the FHA or the VA: annexation of additional properties; dedication of common areas; and amendment of this Declaration of Conditions, Covenants, Easements and Restrictions. 9.9 Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association and the Articles shall take precedence over the Bylaws. 9.10 Standards for Consent. Approval. Completion. Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Declarant, the Association or the Architectural Review Board, such consent, approval or action may be withheld in the sole and absolute discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Declarant or the Association shall be deemed completed or substantially completed when so determined, in the discretion of the Declarant or Association, as appropriate. 25 9.11 Easements. Should the intended creation of any easement provided for in this Declaration fail by' reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed notto have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners hereby designate the Declarant and the Association (or either of them) as their lawful attorney-in- fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 9.12 Covenants Running With The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECTTO THE LIMITATIONS) OF SECTION 9.3 HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTIES. IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED. , 9.13 Dissolution of Association. In the event of a permanent dissolution of the Association, all assets of the Association shall be conveyed to a non-profit organization with similar purposes and acceptable to the S1. Johns River Water Management District. Failing the ability to find a non-profit organization to succeed to the Association within ninety (90) days of dissolution of the Association, all Association assets may be dedicated to the city government of the City of Winter Springs, Florida or any applicable municipal or other governmental authority. Said successor non-profit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep 26 of the Common Area, including without limitation the stormwater management system, the Properties and such other property as may be contemplated herein. ARTICLE X. CITY OF WINTER SPRINGS. FLORIDA Notwithstanding any other provisions contained herein, no amendments may be made to this document without the prior approval of the City of Winter Springs, Florida. The City of Winter Springs is a third party beneficiary with the right to legally enforce this document or any part or provision hereof. Nothing contained herein shall be construed to permit or authorize any violations or deviations from the City Code, City of Winter Springs, Florida. EXECUTED as 'of the date first above written. HUBERT R. EARLEY, _lnZIlY~ Hubert R. Earley STATE OF FLORJ~ COUNTY OF (9 A J..J G~ ---- . The foregoing instrument was a ged before me this 1997, by HUBERT R EARLEY who is personally ~ ,as identi I /' ,\\\\\\\,10111/1/.. ~\\\\ S M. AR '11/'1/ ~ ,~<:i........~Ii-A'~, ~ '- u ..("/'" ...~.., I., ~ .....\1,\;," UNt .. ..~ ~ .".-S)';\'. 17 .-i';~ -~. .~ ~ . -'..." '\-1,'C...H! ;;,;". ~ .::: ....:;.. ~'(,. ~ ~o ~f' ~ -::: ::: ... 5' ".':1 J). :::: :*: ..=: ..~ -I :~tt= =z: ' ... - 11 : ':J:~ - 0 . ~ nice ,.271,.0,4 . Q - 'S:. /\ .. .:o~ ;;0." ...... ~ ~~,lll. ~?}~O/fded \\\\'} ~\\.~~. ~~ ~ rA.... "bUe IJ\I~'O~.. ~v ~ barbara\morrison\creeksbe.d'~.I '(JSl ;~. ~T. ~~~ d\\~ "'/1 IL,. S t' \ ~ ,'\' '~(lJli" III \ \\\, day of SfUi};:u.~ r who p~- No 00 He-' M- ' 1\ Printed Name: r;us s A-I. I{- ,.uA;- Commission Number: CC..32,P ~;e"p: My Commission Expires: /1 - 1-1 j/ 27 '1' -J , :: ',Ii '. UNITED'. ... '. '. '. . ;.' JI. .1 M1ERrqN ;BANK~ Downtown Orlando Office Pine Hills Office (407) 648-0546 (407) 296-9870 Maitland Office Ocoee Office (407) 628-4626 (407) 877-1175 r-- . Corrine Drive Office (407) 647-4343 Longwood Office (407) 260-5144 Kissimmee Office (407) 932-4100 OF CENTRAL FLORIDA August 18, 1997 IRREVOCABLE LETTER OF CREDIT NO. 97-16 LETTER OF CREDIT NUMBER: EFFECTIVE, DATE: EXPIRATION DATE: 97 -16 August 18, 1997 Two (2) years from final plat acceptance, but not later than November 18, 1999. TO: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Tuscawilla, Tract 15, Parcel 3 Gentlemen: We hereby establish this Letter of Credit in favor of City of Winter Springs ("Beneficiary"), for the account of Hubert R. Earley, which is available up to the aggregate amount of Twenty Two Thousand Five Hundred Dollars & no/lOO ($22,500.00), available for payment upon presentation of Beneficiary's sight draft(s) drawn on us, at sight, to be accompanied by the following documents: 1. A notarized statement signed by The City Engineer, or the City's Director of Public Works of The City of Winter Springs, stating as follows: "Hubert R. Earley, has before the expiration of the Maintenance Period, failed to correct any defects or deficiencies in the improvements, or maintenance or repair thereof, as identified by 'the City Engineer, following the City Engineer's inspections of these improvements in Tuscawilla Tract 15, Parcel 3 and notice (oral or written) to Hubert R. Earley." 2. The original of this Letter of Credit. Partial disbursements are permitted. ffi'~ United American Bank of Central Florida 105 W. Colonial Drive . Orlando, FL 32801 P.O. Box 149207 . Orlando, FL 328 i 4 e E~~Ha LENDER 1" ..; THE EXPIRATION DATE OF THIS LETTER OF CREDIT IS TWO (2) YEARS FROM FINAL PLAT ACCEPTANCE, BUT NOT LATER THAN NOVEMBER 18, 1999, at our counters. Drafts must be endorsed hereon and must be marked as being drawn under the above described Letter of Credit and bear its number and date. We hereby engage with you that drafts drawn in compliance with the terms of this Letter of Credit, and any amendments hereto, shall be met with due honor upon presentation to us in person or by certified mail to: United American Bank of Central Florida 105 West Colonial Drive Orlando, FL 32801 Except as otherwise expressly stated therein, this Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. u~, AMER~CfN B'A~. \ F CENTRAL FLORIDA .' :( ~j~~ ! By' ,,(-Vr {I r v. David McL~od, Executive Vice President MCL:jw / ~ II -/ FIDELITY TITLE & GUARANTY CO. ~ DE;;> ESTABLISHED 1883 A wholly owned subsidiary of First American Title Insurance Company CERTIFICATE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, COUNTY OF SEMINOLE FILE NO. 97.02521 A search of the Public Records of Seminole County, Florida, through September 30, 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 Creeks Run (not yet recorded), said legal description attached hereto as Exhibit A and made a part hereof: A. The last deed of record was dated March 31, 1997 and filed April 2, 1997 in Official Records Book 3217, Page 1861, Public Records of Seminole County, Florida. B. The record title holder is HUBERT R. EARLEY. C. The name(s) of the record title holder coincides with the name(s) shown as owner(s) on the unrecorded plat of Creeks Run. D. Unsatisfied mortgages or liens encumbering said property are as follows: 1. That certain Mortgage executed by Hubert R. Earley in favor of Barnett Bank, N.A. dated March 31, 1997 and filed April 2, 1997 in Official Records Book 3217, Page 1865, in the original principal amount of $1,565,000.00; Financing Statement filed April 2, 1997 in Official Records Book 3217, Page 1881, of the Public Records of Seminole County, Florida. 2. That certain Mortgage executed by Hubert R. Earley in favor of Morrison Homes of Florida, Inc. dated March 31, 1997 and filed April 7,1997 in Official Records Book 3220, Page 627, in the original principal amount of $160,000.00, of the Public Records of Seminole County, Florida. E. Conflicting rights of way, easements or plats affecting said property are as follows: None 2233 LEE ROAD SUITE 101 WINTER PARK. FL 32789.1883 PHONE: (407) 740.7131 FAX: (407) 740-6275 .... ? ~ F. Other information regarding said property includes: 1. Development Agreement filed July 18, 1996 in Official Records Book 3102, Page 1272, Public Records of Seminole County, Florida. 2. Terms and conditions of that certain Final Order approving Settlement Agreement and Amendment to Annexation Ordinance No. 64 dated November 24, 1990 and recorded November 29, 1990 in Official Records Book 2243, Page 1508; Ordinance, No. 489 filed March 25, 1991 and recorded in Official Records Book 2277, Page 464; Settlement. Agreement and Amendment to Annexation Ordinance No. 64 filed March 25, 1991 and recorded in Official Records Book 2277, Page 469, Public Records of Seminole County, Florida. I G. Ad valorem taxes on said property are paid through 1996 for Tax Parcel J.D. Number 31-20-31-5BB-0000-019A. CERTIFICA TE OF TITLE INFORMATION FOR THE FILING OF A SUBDIVISION PLAT IN CITY OF WINTER SPRINGS, SEMINOLE COUNTY This certificate is made for the purpose of furnishing the information 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 City of Winter Springs and 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. / / . -,'., f':' /7 / , ,I '/ ',-- By: /..'1,<F ,/ ///,/ Larry P. Deal, Vie. OtP(es~eY ;, v ..-.... 9702521R.PLT\CS/cs Proofed by C5 ''! EXHIBIT "A" / THAT PART O~ THE MAP OF THE PHILIP R.. YONGE. GRANT ,AS .RECOROED IN!', PLAT BOOK 1, PAGES 35-38, PUBLIC'RECORDS' OF S~MINOLE CO~NTY;~ FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 ~AST. SEMINOLE COUNTY, FLORIDA; THENCE RUN SOo024'55NE) ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE OF 205.56 FEET TO. THE NORTHERLY RIG~T-OF~WAY LlNE OF THE LAKE CHARM BRANCH OF THE SEABOARD COAST LINE RAILROAD (S.C.L. I (100: R/WI; THENCE RUN N54:34'57"W, ALONG SAID NORTHERLY RIGHT-QF- WAY LINE, A DISTANCE OF 293.14 FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 24044'10N AND A RADIUS OF 1959.19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 845.83 FEE.T TO THE POINT OF TANGENCY; THENCE RUN N7901S'14NW, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,'A DISTANCE OF 691.26 FEET . TO THE POlNT OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A CENTRAL ANGLE OF 11046'38" AND A RADIUS OF 2612.09 FEET; THENCE R~N NORTHWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHtRLY RIGHT-OF-WAY LINE, A DISTANCE OF 536.92 FEET ~O THE POINT OF TANGENCY; THENCE RUN S88055'08"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 178.11 FEET TO THE wESTERLY RIGHT~OF-WAY LINE OF VISTAWILLA DRIVE; THENCE RUN Nl0023'19NE, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CENTRAL ANGLE OF 69000'18" AND A RADIUS OF. 540.00 FEET, THENCE RUN NORTHEASTERLY ALONG THE ~RC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 650.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A CENTRAL ANGLE OF 14057'22" AND A RADIUS OF 710.00 FEET, THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 185.33 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, RUN N30022'39NW, ALONG A NON-RADIAL L[NE, A DISTANCE OF 356.04 FEET; THENCE N89052'39NW, A DISTANCE OF 2147.50 fEET; THENCE NOoo07'21"E, A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF HOWELL CREEK RESERVE PHASE THREE, AS RECORDED IN PLAT BOOK ,PACES' PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT.ALSO BEING THE POINT OF BECINNINC; THENCE N89052'39"W, ALONG SAID NORTH LINE, A DISTANCE OF 1418.09 FEET TO A POINT ON THE EASTERLY LINE OF' THE RESERVE AT TUSCAWILLA, AS RECORDED IN PLAT BOOK 48, PAGES 31-40, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; SAID POINT BEING ON THE .CENTERLINE OF HOWELL CREEK, THENCE OEPARTING SAID NORTH LINE, RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID CENTERLINE; THENCE N5203S'3S"W, A DISTANCE OF 121.40 FEET; THENCE NS40SS'56"W, A DISTANCE OF 64.36 FEET; THENCE N40000'04"W, A DISTANCE OF 55.26 FEET; THENCE N310Z3'33"E, A DISTANCE OF 54.2S FEET THE~CE NZ2050'44"W, A DISTANCE OF 103.74 FEET; THENCE N30047'04"W, A DISTANCE OF 114.32 FEET; THENCE' Ns9osa'11"E, A DISTAN~E OF 49.33 FEET; THENCE N77055'05"E, .A DISTANCE OF 59.73 FEET; THENCE N85031'38"E, A DISTANCE OF 39.53 FEET; THENCE N61034'OO"E, A DISTANCE OF 74.37 FEEJ; THENCE N28051'1s~W, A DISTANCE OF'94.55 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434, AS DEPICTED ON RIGHT-OF-WAY MAPS FOR STATE ROAD NO~ 434, SECTION 77070-2517; THENCE. DEPARTING SAID CENTERLINE, 'RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID RIGHT-OF-WAY LINE; THENCE S89049'07"E, A DISTANCE OF 131.20 FEET; THENCE NOo010'S3"E, A DISTANCE OF '15.00 FEET; THENCE S89049'07NE, A DISTANCE OF 250.00 FEET; THENCE NOool0'53uE, A DISTANCE, OF 5.00 FEET; THENCE S89049'07"E, A DISTANCE OF 944.67 FEET; THENCE DEPARTING SAID RIGHT-CF-WAY LINE, RUN SOoo07'Zl"W, A DISTANCE OF 218.78 FEET; THENCE S89052'39"E, A DiSTANCE OF 332.07 FEET; THENCE.S21047'50"E, A DISTANCE OF 73.83 FEET; THENCE S55038'10.W, A DISTANCE OF 94.38 FEET; THENCE S30049'12NW, A DISTANCE OF 6&.4& FEET; THENCE S47"03'S9NW, A OISTANCE OF 66.14 FEET; THENCE SOoo07'ZlNw, A DISTANCE OF 9S.77 FEET TO THE POINT OF BEGINNING. SAID PROPERTY BEING SITUATED TOTALLY WITHIN SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. ,;,~~~il'I':"!t,li:o,{~"~'~~-',~~,:,it, ~, . . ,. 'I .. . .~ " . . ~--_.."., ~4 I , ., ,. t. "':1 RUN SECl10N 5 . _ 21 8OUrB.MNGE aJ. EAST. mY OF WINT.EIl BPBINGB. SFMINOLE COUN'lY. JIA):RIDA JOINDER AND CONSENT TO DEDICATION Tht under'lptd hertbr ctlrtlfi.. ftHIt It i. the holder of a monOOlt.litn or other .~ UIIIOft the above deJcrtllect propen,. and thot the u~...., jolft. in _dcon..... to the .dlcation of the''- del4:ri~. OIUM by tile...... thereof, and a ..,.hot It. .. . . Ie" or other ~ which is recorZd in OfflclOI"';=... OOIe 20, ~'27,.. of the Public RtCOrds~f S eou"t, rtda shall be'" ordt~d to the abO'le .eI 110ft MORRISON HOMES OF OA.. - . - B. . .$rE e '" COMMENCE AT ~E NORTHEAST CORNER OF SECTION 8, TOWNSHIP 21 SOUTH, RANGE 31 E~ . SEMINOLE COUNTY, FLORIDA; THENCE RUN SOo024'SSHE, ALONG THE ST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8, A DISTANCE O~ S.S6 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE LAKE CHARM. RANCH OF THE SEABOARD COAST LINE RAILROAD (S.C.L.) (100' R/W);Y ENCE RUN NS4034'S7HW, ALONG SAID NORTHERLY RIGHT-OF~ WAY LINE,.~ DISTANCE OF 293.14 FEET TO ~ POINT ON A CURVE, CONCAVE SOU,. ESTERLY, HAVING A CENTRAL ANGLE OF 24044'10H AND A ti~_ . RADIUS OF l' .19 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURV NO SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 845.83 FE TO THE POINT OF TANGENCY; THENCE RUN N79018'14HW, ALONG SAID THERLY RIGHT-OF-WAY LINE, A DISTANCE OF 691.26 FEET TO THE P OF CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A C AL ANGLE OF 11046'38H AND A RADIUS OF 2612.09 FEET; THENCE RU THWESTERLY, ALONG THE ARC OF SAID CURVE AND SAID NORTHERLY HT-OF-WAY LINE, A DISTANCE OF 536.92 FEET TO THE POINT OFGENCY; THENCE RUN S880SS'08HW, ALONG SAID NORTHERLY RIGHT-OF-W~INE, A DISTANCE OF 118.11 FEET TO THE WESTERLY RIGHT-OF-W ~INE OF VISTAWILLA DRIVE; THENCE RUN N10023'19HE, ALONG SAI,tW TERLY RIGHT-OF-WAY LINE, A DISTANCE OF 16.23 FEET TO THE POI' OF CURVATURE OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A CE L ANGLE OF 69000'18" AND A RADIUS OF S40.00 FEET; THENCE RUN... THEASTERL Y ALONG THE ARC OF SA I 0 CURVE AND SA I 0 WESTERLY *,i -OF-WAY LINE, A DISTANCE OF 6S0.36' FEET TO THE POINT OF' .RSE ;CURVATURE OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A C!, .L ANGLE OF 14.57'22" AND A RADIUS OF 110.00 FEET, THENCE RU r. THEASTERLY ALONG THE ARC. OF SAI D CURVE AND SA I 0 WESTE~.LY,;..OF-WAYLINE, A DISTANCE OF 185.33 FEET; THENCE DEPA~TlNG STERLY RIGHT-OF-WAY LINE, ~UN N30022'39"W, ALONG A NON~A,OtpISTANCE OF 3S6.04FEET; THENCE N890S2'39"1I, ,';",:,~"'~;.Ji,,,J;~~'~A_-,~c,_,,__D_~ S ."'. .y' .... .. ..~p,:'fE_E~!i""-r'H'E~ij~"~~.ili;)~...,);>I.~ TM&~"..i~b!tj.,~, 1 00. 00 . FEE't.,....-....~..:r......~.".;.'...Ai.,'PO I.NT .ON THE N.OR. TH LINE OF. HOWELL .CREr.....:~,l~,.E,.S.E"V...... E.....:...J.....~ .,~'jt. ~'"""".. ,~..'-.~~'m""'~_I.-.":rtt.:1UjWJJlij!l11'li1~ m,IIIl.~J,~'~~?~lj:~,t!,i" PHASE THREE,: S RECORDED IN PLAT BOOK , PAGES ;....~ '-, PUBL.IC"I ,_ .. RECORDS OF$E:INOLE COUNTY, FLORIDA, SAID POINT ALSO BEING T#E,.~. POINT OF BEGI'ING; THENCE N890S2'39"W, ALONG ~AIDNORr... LINE".A DISTANCE OF i1~f1e.09 FEET TO A POINT ON THE EASTERLY LINE OF THE RESERVE AT iUSCAWILLA, AS RECORDED IN PLAT BOOK 48, PAGES 31-~0" PUBLIC RE,C~ROS OF SEMINOLE COUNTY, FLORIDA; SAID POINT BEING ON THE CENTERLINE OF HOWELL CREEK; THENCE DEPAR~ING SAID NORTH LINE, RUN THE I FOL<LOW I NG COURSES AND DISTANCES ALONG SA I 0 CENTERL I NE; THENCE .iZ03S'3S"W, A DISTANCE OF 121.40 FEET, THENCE N84.S5'S6W,A DISTANCE OF 64.36 FEET; . THENCE N40-0Q'04"W, A DI\STANCE F 55.26 FEET; THENCE N31023' 33"E, A D I STANCE OF 54. 2S FEET THE E N220S0'44"W, A DISTANCE. OF 103.74 FEET; THENCE N30-47'04'{W, A DISTANCE OF 114.32 FEET, THENCE N59-S$'11"E, A DISTANCE OF 49.33 FEET; THENCE N770S5'OS"E, A DISTANCE OF 59.73 FEET; THENCE N8s031'38"E, A DISTANCE OF 39.53 FEET; THENCE N6,.34'OO"E, A DISTANCE OF 74.37 FEET, THENCE N28-51'15"W, A DISTANCE OF 94.55 FEET TO A POiNT ON THE. SOUTH RIGHT-OF-WAY' LINE OF STATE ROAD 434, AS DEPICTED ON RIGHT-OF-WAY MAPS FOR STATE ROAD NO. 434, SECTION 17070-2517; THENCE DEPARTING SAID CENTERLINE, ,RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID "4,' . RIGHT-OF-WAY LINE; THENCE S89049'07"E, A DISTANCE OF' 131.20 F'EET, THENCE NOoo10'53"E, A DISTANCE OF 15.00 FEET; THENCE S89049'01"E, A DISTANCE OF 250.00 FEET; THENCE NOo010'53"E, A DISTANCE OF .5.00 FEET; THENCE S89049'07HE, A DISTANCE OF 944.61 FEEt; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, RUN SOoo07'21"W, A DIS7ANCE. OF 218.18 FEET; THENCE S890S2'39"E, A DISTANCE OF 332.p7 FEET; THENCE'SZ1041'SO"E, A DISTANCE OF 73.83 FEET; THENCE SSS-38'10HW, A DISTANCE OF 94.38 FEET; THENCE S30049'12HW, A DISTANCS~bF 66.46 FEET, THENCE S41-03'59"W, A DISTANCE OF 66.14 FEE~l' THENCE t SOoo07'Z1"W, A DISTANCE OF 95.77 FEET TO THE POINT OF BE.'G.INNING. .. NOTICE THERE AlAY BE NXXTIONAL RE5rRlCrIOllS THAT' ARE NUT" RECORDED ON THIS PLAT THAT #lAY BE FOUND IN THE PUBUC RECORDS OF THIS cr:xJNTY. LEGAL DESCRIPTION THAT PART at ~HE MAP OF THE PHILIP R. YONGE GRANT, AS RECORDED IN . PLAT BOOK.. 1i. PAGES 35-38, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, MORC PARTICULARLY DESCRIBED AS FOLLOWS: I " j I;' d If- ~(. .J ,~ i ,~ ! "') ... 1) .~~ ~ J . ti . l! .., 11 .~..:,~: ."-' '.'..i: "~J . .f ',I . fl $I! :~f, CONTAINING 18.863 ACRES, MORE OR LESS. SAID PROPERTY BEING SITUATED TOTALLY WITHIN SECTION 5, T~WNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA. l . "i I ..__....,. . ...r! 'r~-'- " :":/1. ."'"~.~.::~' _ .<"!i " . BoWYERSlNGLEfON & ASSOCIATES, INCOJtPORATED -_ - ....... . ~~iIo." - &ZO SOUTH WlONOl.IA AYE'" I 0RI.MCl0. nORlDA. JzeGt 407-.41-&120 _ FM 407.....-.... ,,,' - l ._''-. ~ :gf ".><'.."... . ... i~\t ...,~~ BHI!ET IOF ~ PlAT :lOOK PAGE CREEKS RUN t , ," '. . KNOW ALL MEN BY THESE PRESENTS, That the Individual nomec:I below. balno +he owner I.n f.. .'lIple of the londa described I n the foreGO I no capt I an to in t. P I at, hereby ded I cat.. .0 I d landa and plot for the UMS and put*po.e. therein expre.Hd onct ded I cot.. +he 80...,1'8 ond Tract C 8hown hereon of.- t.... pur-po... +hre'n e.pre..lId, IN WITNESS WHEREOF, hOs COUMCI these p".....ta to be . I gned and otte.tees to by the I neU v I duo I I'lOlnId be I ow. ~ , ~:.-7JlU7'~" Signed. .ealed and dtll.ered Inthl presence of; By. -------------~------------~ ./ S1llrE RIllA COUllTY OF ORAMGE . _' ~ _ _ _ _ no _ __ _ __C!? i.!!'\"'.$ , :;;:",0 .It 1- The f~no Instrument .os'aClln~,.cl.bef~.....~. l tht.if.I!..-doyof4~1991, by~~ I Notary Publl QI" JJ.{ t.L- (print name) ~ . ~U L STATE OF FLORIDA COUNTY OF ORANGE My ComMlulon ~p"", '- -1" """~ , Commlt.to" No.' .,. , . ,'. . , ~; N TH IS IS TO CERTIFY, ThClt an ~~J f'-J before ma, Deraonolly apptOI"'ed Hubert R. Earley who did not take an oath and whO Is personally known by me to be the I nd I v I duo I whO eJCecu'teel 'the foreoo i no Ded I cat I an and .e\l..olly ocknowledged the execution thereof to be hie . free act and deecl as auch I nc2 I v r duo I , . ;., IN WITNESS WHEREOF, I have hereunto set my hand and 8eal on the aDo". dote. . __, =... ~-- b ~ ~f~1~~ ~~. _"u.__ _.. _ _ _ 'I~ ____.... NOTARY PU8L I '=-;;;;;;;;-._ . - - ,- ~ Comnlsslon Expl,.... _Hl~}!ill____ .... - ~ .:. '0 . : mz .:tOCIJ.W8 CJIP KNOW ALL MEN e'" THESE PRESENTS, Thot +he un<Mra1onec1, belno o Iloennd"CII'ICf"..~l!!!'t eel IOnd s"v.yor, dOes hereby certIfy that on V '.4 he COIl'pI.+ed the 8Ul"vey of the tClt'lda 0& ehown In the f eoolng plot or plonl thot aold plot r. 0 oorrect representation of the londs t.eln dtscrfbtcl end pi ottec:J or sUbdlvldedl that permanent reference '0& IhoWl'lt':*'eon oe requ Irec:J by . <". . . .. . . .'7!;._;!\~!_~J<<'liCJ,J.,)~ In SemInole Cc.un+y,F'hlrldO.. ,.. : i';" '~.".. · ... Dot... &>-I'.$-~j7 A SIQn(ltU"el ~M - - ~~ DENNIS L. DEAL Fla. Reg. No.I...J~!!.... ;' I \' ."1 . JOINDER AND CONSENT TO .DEDICATION ... ....... to:. ..' : .. ....:...&1'ft THIS IS TO CERTIFY, That an the foreGolno plat was ClflproYed by the Wlnt.. Sprrnot CIty Commi..lon of Seminole Cqunty, F lorlOO. Mayor 1!. '~J I Ii ,~ j' l ';mf Jii., ~'t w .1)'".,' ,~':".. . t.- The under. I oned ....eby C*"t I f les that 1'1' I. thehol4ert.of4 11I01"1'0008. J I." or 01'''- ~ance upon theabo\le~tb" Pl"operty. onc:l that the U'lCl8r'aIO"ec:J hereby lor". rn~~.. to the deeU cot Ion of the I and. deaor I bed Obo~ <<>ythe ~ ~..... oncI <V..II tl'lot I t......t~. I I en.. lliher'~"'" .., Ch ..~. . reoordecl In Offlolol .ReoordS Book .nr.Q'~.~""~. of the Publ rG ~ of semtnole C~y.Ffor-l."l;.t tie SUbordlnotec:J to the abOve dedIcation. Att..+I---- -- .----- --.- --- - ---- . CIty Clerk \ . ,. ~.! : , .. . qr ............ ~~..._ 'IB& _2GB' ~ BARNETT BANK ~ CENTRAL FLORIDA .. .." . i. . L'-,f4l'.tM~ -} A'/I(.J~~ 8YI~... .......?, ,11'.:. ,....,....... ... ... ...... ..,. ..... I HER€BY CERn FY. Thot 1 have eXOllII ned the forego I no p I at and find that It compl'.. In form with 011 the requlren.nt. of ChaDter 1 77, F lor I 00 Statutes, and wes f i I eO for r8COl"d on _.._______ at _________ FIle No._________ :;; '~Wj (I. ;1fi S'O"ec:I. .eol ~ onc:l $l8llvered tnthe pr~r.' :. ....~. \'.f...., :.,f,; ( ,)\)..1 .'~.... ........ ....&0 I , " ~ ,.... ;;IilC'.<' .~4~ ' '_ ,'. , ." " " ',".' ,,)', ~'O:~~:;/-. . ....,...,r. .... . .. .. .~ . .1i...&~ ,~.~.. . ..... .., \1'\, ~~~.. , ~"..J.,..!ltnea. ~ ~c....a.. .. .+Mla...~~. ---_._----------~------------- Clerk of the CIrcuIt Court 1n CII'Ic:t for SemInole County, FlorIda State of Florldo C~y of 6)1..-....4. . The '!sIr:4I!QO~ I natrument WO.~ltJ~..t~ffltA.....l~. doy of .;J~~ .........1997 by ~...~~;-tt~f~~~\~~.~.......... H. r. ,.,. I'Yllwn to me and dld not 'h*e on oath. " ;-. l.. ,~- . Notory P\bl. c .' . . . .vA "1."" . ... .:.-~ . : ""'""'" It\ J . '" . ...~~. IU,. ,.;,~1Jf.. ... .(prlnt nome) , . It' t., '01 Wy COlIIIIt ... on Expl......... r.<<.... f!-t. . .. . .... COnInI..lon No..~....~.~~.. ;;:! ~'~ BYI______________________________ D.C. .r 'J~' ;fit:" ~~I ' -.;..~- - "''''l':..~. .,..~" M.! J ~ . :;i~' .~~." .~-' .. '..;. . .. .... .. \-. ......... .-.. ... ... ...:'.1 ~,(:~~ ' ,-' '. _ ,,'1;....~~r. ~...~~~ · 'l'f,". ........ "''''i~ . '.._,,'~.t.tI:..- -:.._. '~ : '.:' ",.'.., '._ ' . ....;_ FOIW .. TUSZPPC.()()I TRN::T/5./XJC TUSZSP3 THRU SP9 , "', ----", , . .;. ~,' - .. - .. - -.- .. - .. - .. - .. - .. - .. - - - .. - - - - -.. - - ----- -- - .... - - - ---- .. .~------~ - - - ............ ~-,..... - . - -~---'~-'- - . .,-,-." ~~. " .' NOTICE: THERE II. ~IIJNN. Rf$TICrIOlt$ THAT /lIfE IIOr IfEI D 011 THIS P&JI1' THAT 11* Be rOUllD III THE PfItJUC fCCO/tI)$ D' THIS coum. . . ..R.UN SEC11ON. s t TO\YNS8b'. 21,8OtJTIL lANGE_PAST. .: CITY' OF WINTER. SPRINGS. SEMINOLE coUNtYi..JLOII9,&.. . . .. ., . ... " '1" ;"-.- ;;~~;::~'~t'l' . ,.J . '."'. . ...f , ., ....1: > :t1 . >,t '.;..:: " . "~~' 1:: .,." r '.. >. :' , . " t .' , f' 'l J - ..~ . i . i ( 1 .' . .f , J ..,.:"... .;:( '. I t I I I . 1 I I . J . " .1 . , I ,', t .J t I . I . J .. f , I . , . .~ ,., , I . '.1 '., 1 .,t I .to J ; .. t . f I t I J . I . t '. f, J . ',I . ! ., '., I r.' .~. . .' "f J .. . ,'l . .f .,', :t . ;.- " ':.'4 " 'i " ( .. 't .. . "" '\!,;" ,_ ...~::.~'.. .,~'~<:f . ...' ..1 ' -',-;- .....' .' . ,';~1t~ . ,J' ..." .' LITTLE ClEEK LMC a , '. " ., ~. Ii .r I&.: t: .~ bt .~ r 5 '" . . -', ~ - . . - . . - . . - . . - . . .- . . - · . ...... -.. - . · - . . .... . . - . . - . . - . . - . . - . . - . . - . . - . . ~ . . - · . - . . - . . ... fI!t .', - . . .... . . - . . - . . ... . . - . . _ . . ~ . . _ -' . _ . . ... . . _ . . _ . . _ .:~-,.- STATE ROAD 434 ('i9ht-of-W01 varies) WlTN[SS 5 ~ , i!' ,=- --~------------~~ "$CllUH WIIU IASllP1' " 50.. t t situs ai , I I ::; 21 I i I I 1ft ,~ 1ft i I ~ ; s ~ i. .... :t ~. .... l-. I ". " ... , ... " ... I TRACT A I , , , , ., 122 t.a.I t ~ I = !8 S = 5~ ~ I I '.:!:.-t I I !lJ7.5O" I I I I ,. ". I .1 I t , I I -i 1 l ~ N3f'2J'JrI ".25'~ .1' NOTES: 1. 1.0 DENOTES P.R.". C<4X<4 C....) PS" NO. '4121. 2,. 0 DENOTES P.C.P. PSM NO. '<421. 3.. DENOTES CHANGE IN DIRECTION NOT PE~NENTLY STAKED. <4. RAD. - DENOTES RADIAL LINES. .. 5. N.R. - DENOTES NON-RAOIAL LINES. 6. 8E AR I NG S TRUC TURE IS 8ASED ON THE NORTH IUGHT "'"OF-WA Y L I HE ~Tf~~; ~=E~t-~Y :J::01~~:~S:;~+R~~=.THAT AM NOT RECORDED ON THIS PLAT THAT MAY 8E FOUND,"....... PU8LIC RE- CORDS OF THIS COUNTY. A 10' UTILITY EASEMENT IS RESERVED ON AL' ,LOTS ADJACENT TO RIGHT-OF-WAY LINES. THERE IS NO UTIL ITV I',ASE_MT AO.....CENT TO S.R. NO. <43<4. . ; A 5' UTILITY EASEMENT IS ~E$ERVED ALONG ~L SIDE LOT LINES UNLESS OTHERWISE NOTED. VEHICULAR ACCESS RIGHTS FROM TRACT 8, L~~S 1 THROuGH 12, INCLUSIVE, AND LOT 15 TO STATE ROAD NO. ~~. ARE DIDICATED TO THE C!TY OF WINTER SPRINGS. .. TRACT A IS FOR CONSERVATION AND IS HERE8Y pOICATED TO AND TO M MAINTAINED 8Y THE HOICOWNERS A~Si:JctA".ON. NO CONSTRUCT ION, CLORING. OR ALTERATION E THIS TR.-cT IS ALLOwED UNlESS ~va> BY Ct,., or WINTER SPMtQs. FLORIDA AND/OR OTHER APPLICA8LE JURISOICT AL AOlNeV. OEVELOPNENT RIGHTS ARE DEDICATED TO CITY OF WINTER ~.i"jIHOS' 'LoRIOA. TRACT 8 IS FOR RETENTION AND IS TO BE ~O AND_tNTAtHED BY THE HOMEOWNERS ASSOC IA1 ION. .. .~ ~ TRACT C IS TO 8E DEE7ICATED To ANO _INTA.IINEO BY THE CITv OF WINTER SPRINGS, FLORIDA. ; ~ TWACT 0 SHOWN ON THE PLAT tlNOT OEDIC.1t~D"CIR PU81..1C u~. BUT IS RESERVED, RESTRICTED AND DEOICATICD FOR ACCESS, POLICt, . . ,"" , IRE PROTECTION, EMlRGENCY VEHICLES,S. Ef'V.tt;t. YEHIC....ES AND OTHER AutHOR IT IES OF LA., AND UTfL ,"VO[PARtacttr USE 8Y THE DEDICATOR AND THE OWNERS, TMEIRSUC.SSORS' AND ASSIGNS. ~ 8. , ~ IULDtNC SET8ACt<S: 20' - FItONT 20' - _. 20" - SIDE STfIl[ET 5' - SID[ l~: flU) 9. 10. 11 . 12. 13. 1<4. IE A..OCIATa.. INCOa'OQTSD Intl.1B.. . ~ ... ~..JtW . --II I l ..0 *,,-,TM .....,... ~ .~ '0IIL.4lDO.~'.... 4O"...a-.... .. ,. ...,............ ,UGI'- ~ ....' ". _.. _......0.-.. - - - - ---.. .-..... - .- --..-'- ...,-- - --_._-_._~- - ~'--' -.-----~ ---...;;:r.;- ..-- -. <. '/>..,'....:- I :-c.:~ CREEKS RUN SECI10N 5, TOWNSHIP 21' 8OUl1I. RANGE. at PAST. arr OF WINTER. SPRINGI..SEMlNOLE COtJN1Y. .JLOIUI)A' . . r -.'- NOTICE THERE. IIR BE NJDfTIONN. ftES7'1fICftDIIS rHIIT ME IIfJT RECONJEDOII rHlS PLAT. T.HItif IIA' BE FOOND lit THE f'fJ8UC RECfJROS OF THIS "*",,. '\ I t-~-~., ,.,,~r;<..;.,... ~ s ~ ~ ~ i ~ . ... ~ ~ ~ '" ~ o .,;1:< .' e' "~"',:'J!'~-,,,,.il:.~' 'i~..~ .<~~'" ,:;.,~, .:.v~..~ ~".., .,;',.:-.....'.". _ ~ I' ... " ~ I ~ I . I . t . I . t f . t . I . I I ~ ~ f. 10. o DENOTES P.R.M. C4X4 C.M.) PSM NO. 1421. o DENOTES P.C.P. PIN NO. 3421. . DENOTES CHANGE IN'DIAECTION NOT PE~NENTLY STAKED. AAD. - DENOTES RADIAL LINES. N.R. - DENOTES NON-RACHAL LINES. BEARING STRUCTVAE IS -.sED ON THE NORTH AIOMT~OF-WAY LINE OF SEC. 08-21-31, BEIN$ SOO-24'55"E, ASSUMED. NOTICEt THERE MAY BE ADDITIONAL AESTRICTIONS TKAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RE- CORDS. OF THIS COUNTY. A 10' UTILITY EASEMENT IS RESERvED ON ALL LOTS ADJACENT TO 'UC)HT-oF-WAY LINES. THERE IS NO UTILITY EASEMENT ADJACENT TO S.A. NO. 434. , A 5' UTILITY EASEMENT IS RESERVED ALONG AL~ SJDE LOT LINES UNLESS OTHERWISE NOTED. VEHICULAR ACCESS RIGHTS FROM TRACT B, LOTS' THROUCH 12, INCLUSIvE, AND LOT 75 TO STATE ROAD NO. 434, ARE DEDICATED TO THI CITY OF WINTER SPRINGS. TRACT A IS FOR CONSC'AVAT1CIN AND IS HEREBY DEDICATED TO AND TO BE MAfNTAINEO BY THE HOMEOWNERS ASSOCIATION. NO CONSTRUCTION, CLEARING, OR AL TERAT ION OF Tt'IS T"ACT IS ALL"tO uNLESS APPROVED 8Y CtTY 011 WtNTEtt SPRINCS. FLORIDA ANO/OR OTMER "'PLICABLE. JURISDICTION'" A_NeY. DEVELOPMENT RIGHTS ARE. DEDICATED TO CITY OF WINTER SPAINGS, FLORIDA. TRACT 8 IS FOR RETENTION AND IS TO BE OWNED AND MAINTAINED BY THE HOMlOWNEAS ASSOCIATION. lAACT C IS TO 8E OEDICATED TO AND MAINTAINED ~y THE CITY OF WINTER SfaRINGS, F~O'UOA. TRACT D SHOWN ON THE 'LAT 1$ NOT DEDIC~TED FOR PU8LIC USE, BUT IS RESlRVED. RESTRICTED AND.DEDICATED FOR ACCESS, POLICE, F 1M PROTECTION, .ltCRGENCY VEHICLES, SPVICI VEHICLES AND OTNER AUT"ORITtESOF LAW, ANO UTILITY OEfaARTWENT USE 8Y THE DEDICATOR ANO TH~ OWNERS, T"EIR SUCCESSORS AND ASSIGNS. NOTES 1 , . 2. 3. 4. 5. 6. 7. 8. 9. ". 12. n. u. .' ,~: . .;., . _.._.._...--.._..-r........_..._.._..-..._..~'.._....--..._.~_..-,..-..-....-. ..-. - . .. . .' . . . .. ..-...-..-..-...-..-...-..-..-..- I I I I I STATE ROIO 434 . rf'i9ht-~f"_ YClrill) ;'.' SIr 4t"07"E "5CS1lO' ~ '1CJllG' "W.llIP ~ ... a N i II NOT PLATTED 1MCT 0 s .73' 50.00' 50.00' ~.OO' ~.OO' 10,00' 10.00' . 10.00' k' >>1.07' ~.OO' 50.00' IO.GO" 50." 50.00' ~ , ::; F' ~ 1 ~. ,," .-.._~~ ! li Ii"! Ip oei, ,. ~.- .- f, r 111 117 It' un.n... I UIIli8If I I , I I I .',:, 'I..' 112 111 110 109 .. Pl I 1ftII152'3ft .. - - + - - - - -, . ..,.!Jt1, ,~ #(~'~,~, ",.HE" .ctJlfJlE1I _ -... OF, BrIOlil ""..31 POIIir OF ~ .'. COMlltNCEIIENT .... -I I Q 1..J? ;'j'i,: .' " ~.."t · , . . ~- I. ,.~. ~" :.-.---' ~~ :.:. -ll - I'u,j'. ' fIK1U/V't '1-.' ' ..} rt..... -= . 1l:1~ . ISZ'J' - -, lit L"" "- j- - - -I... - ... .... '" -+ - .w ~ ..Q . ' ..=,." . ...a"~ _ _ -o!l It: I' __.,.", .. .. t. ;")(, I: a ,."...' , '.. '1'dtI.. 'a..'" 6"'" . ":-' .. ~.M',. .... , ..",.. . . ~ I ~.~~~.;J~J../~l '> ':" .:": 1~ 1M 113 111 (.'{. HOWD.L CM:EI< RES[RVI: PHASt THl!& PlAt 8OC* $2. PAGh . 87.88 l '; ;tuJ)IIC stT8ACkS= ;10-. F1IONT i~..M _. . _ S1'RUT ;1" . sa: i~N) 1'- ,i~: ~< , .~ :~, AU6I''l.