HomeMy WebLinkAbout1999 07 26 Consent Item B
COMMISSION AGENDA
ITEM B
Consent xx
Information
Public Hearing
Regular
July 26. 1999
Meeting
MGR.~~
REQUEST: Community Development Department, Land Development Division, requests that
the Commission approve the recordation of the plat and the covenants for
Parkstone Unit 1.
PURPOSE: The purpose of this agenda item is to record the plat and covenants for Parkstone
Unit 1 (property located north of SR 434 and Winding Hollow Subdivision, west
of City Hall, east of the school bus barn and south of Lake Jesup. This unit will
contain one hundred forty two (142) lots and the commercial tracts.
APPLICABLE CODE:
Code Section 9-75. Final Plat, contents and recording procedures.
(a) The final plat shall conform substantially to the approved preliminary plan, and
shall be submitted to the city planner as follows:
(1) The final plat shall include one (1) linen original. If more than one (1) sheet is
required, a suitable index map showing the entire development with index for the
various sheets shall be shown on the first sheet.
(2) The final plat shall show streets, lots, blocks and easements indicating the
centerline, width and sidelines of all easements.
(3) Surveys and surveying data on the final plat shall be in accordance with
acceptable professional practices and principles for land surveying and preparation
of plats. Special consideration shall be given to the relationship of the proposed
plat to existing abutting plats to prevent unintended overlap or omission of lands.
(4) Mortgage holders shall execute before two (2) witnesses and a notary public
the following certification on plats: "The mortgagee(s) consents and agrees to the
platting 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
July 26, 1999
Consent Agenda Item B
Page 2
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 the perpetual
use of all public purposes.
(b) Three (3) copies of all protective or restrictive covenants to be recorded shall
be submitted with the final plat.
( c) A letter from an acceptable abstractor shall certifY the following:
(1) That the parties executing the plats are owners of the land included therein.
(2) All recorded mortgages, liens and other encumbrances.
(3) That taxes and assessments have been paid to date.
(4) That the description shown on the plat is correct.
(d) An appropriate bond submitted in accordance with the bonding procedures
set forth in section 9-76 shall be required for all developments within which
improvements are to be dedicated to the public.
Code Section 9-76. Bonding procedures.
(a) Surety-performance bond When requesting to record a plat for property with
streets to be dedicated to the public in which all improvements have not been
installed or have been only partially installed, the developer shall provide a
corporate or surety completion bond including a payment of vendors' clause
executed by a company authorized to do business in the state and acceptable to the
city, payable to the city in the penal sum of the amount of the engineers' estimate
or alternative bid estimates for the uncompleted portions of the work to be done to
provide streets, drainage facilities, street signs, water and sewer facilities,
sidewalks and other improvements as shown on the final development plan. 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.
Section 9-77. Approval of final plat.
The city commission may approve the final plat, considering any applicable agency
July 26, 1999
Consent Agenda Item B
Page 3
reports, if the plan is in substantial conformity with the approved preliminary plans
and 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 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.
Code Section 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 plan 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 was approve by the Commission on November 23, 1998.
2) The City Engineer has determined that the costs remaining to complete Unit 1
is $509,928.90.
3) The developer will furnish a performance bond in the amount of$509,928.90
or greater.
4) Approval of the recordation of the plat and covenants will allow building
permits to be issued. Certificates of Occupancy will not be issued until such time
that the Commission approves the acceptance of improvements for City
maintenance.
REcOMMENDA TION:
The recommendation is that the City Commission approve the recordation of the
plat and covenants for Parkstone Unit 1, contingent on receiving a performance
bond in the amount of$509,928.90 or greater.
ATTACHMENTS:
July 26, 1999
Consent Agenda Item B
Page 4
A - City Engineer Memo to Land Development Coordinator dated July 15,
1999
B - Land Development Coordinator Memo to City Attorney dated July 14,
] 999 with attachments.
COMMISSION ACTION:
ATTACHMENT A
,.; .
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTj:R SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
TO:
Land Management Coordinator
Donllltl LeBllInc
FROM:
City Engineer ~
MlIrk L. .Jenkins, P.E. - r
SUBJECT:
Review of Par/{stone PUD P"m~e 1 Emdneer's Construction Costs for
Performllnce Bond to Plat
I am in receipt of the engineer's estimate of construction costs, with today's date,
and amount remaining to complete the Phase 1 of Parkstone POD. This is for the
required Performance Bond to complete said Phase 1. The engineer's estimate of cost
remaining is $509,928.90.
I recommend a Performance Bondfor $509,928.90 (100 percent of costs) be
submitted by the developer to plat the subject subdivision
If you have any questions, please let me know.
cc: Community Development Director
..., .\,
07/16:99 FRI 11:53 FAX ~07 6~~ 831~
I
DONALD W. MciNTOSH
ASSOCIATES, INC.
CML EI'-JOt'JEE=tS
LANO PLA"I'.,cS
SJRVEY;)~5
y
2200 Pe>rk A'fe. tJorch
Win,er Park. FL
32789.2355
Fox 407.644-831 8
407.8444068
ncrp: //V'NI'N. d\"jrna. com
viajacsimile 327.4753 m;(! ;'i"il.
Mark Jenkins, P.E.
City Engineer
City of Winter Springs
1126 East State Road 43.~!
Winter Springs, FL 3270~
Re:
Parkstone I PUD
Certification of C<.',',~;t..u';
Dear Mr. Jenkins:
This letter is to certify tll,1i the c: '
as itemized below:
Earthwork
Sewer
Water
Storm
Paving
Total
These costs are based .:nl dl~:
\Val. Rose; Inc. and Ceni:'::-: Ho'.
Homes.
DMK/cp
c:
..Mr. John Odoll1 1 ;, .
Jimmy Wallace.. :::;,....j
Ec192l~
'SH :\SSOC
~ 001
June 29, 1999
Revised July] 6, 1999
. ,;lpletion Costs
. . ion costs for the completion 0 - Parkstone Phase I, are
$ 0.00
98,310.00
33,321.50
50,000.00
328,297.40
S 509,928.90
:onstruction contracts betwee" Centex Homes and
, .roe K. Matthews, Inc. and d scussions with Centex
Very truly yours,
DULD W. McI,TOSH ,\5S0C" rES, INC.
David M. Ke,1I ,P
Project Manager
Florida Registration No. 43325
,'-4089 and mail
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ATTACHMENT B
July 14, 1999
To:
Robert Guthrie
City Attorney ~
Don LeBlanc ~
Land Development Coordinator
From:
Re:
Parkstone Unit 1
Document Legal Review
Attached for your legal review is the below listed documents as it relates to the platting of
Parkstone Unit 1:
1) Proposed Plat - all appears correct.
2) Sample Performance Bond - Florida Insurance Hotline, on this date, stated that Safeco
has been licensed in the State since 1954 and remains in good standing. The bond will be
issued by Safeco in the same format.
3) Title Opinions - these appear to be in order.
4) Covenants-
a) Section 6.4.1 addresses shortfalls in the budget
b) Section 6.8 addresses the escrow account
c) Sections 12 and 17 address the requirements of Section 20-283(13) of the
Code
This will be an agenda item for the Commission Meeting of July 26, 1999 provided that the
proper Performance Bond is submitted to the City.
"
BOND NO. 6013859
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, CENTEX HOMES hereinafter called the "Principal", and
Safeco insurance Company, A Surety Company called "Surety" arc held and firmly
bound to Seminole County, a Political sllbdivision ofthc State of Florida, in the full sum
of $ 356,618.90 , law rul money of the United States of America, to be paid to the
Hoard of County Commissioners of Seminole County, to which payment will be truly
made. We bind. olLrselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, finnly by these presents.
WHEREAS, the above bound Principal has, as a condition, precedent to the approval
by Semi.nole County, a Plat ofcertain subdivision known as PARKSTONE
has covenanted and agreed with Seminole County to construct roads, grading., curbs,
drainage, lift station, water and sewer systems, and other improvements based upon
development plans and plans and specifications being dated this 30TH day of.._~UNE_,
1999, and being on file with the county Engineer ofSelllino]e County, Florida.
WHEREAS, it is a condition precedent to the recording of said subdivision that tl).is
bond be executed.
NOW THEREFORE, thc conditions of these obligations are such that if the bound
Principal shall construct the aforesaid improvements in accordancc with the development
plans and plans and spccifications dated the 30TH day of ~~_E , 1999,
within the time therein specified and shall in every respect Ihlfill its, his, their obligations
under the development plans and plans and specifications, and shall indemnify and save
harmless the county of Seminole against or from all claims, cost expenses, damages,
injury, or loss, including engineering, legal and contingent costs which Seminole county
may sustain on account orthe failure ofthe Principal to perfoml in accordance with the
deve.lopmenl plans and plans and specifications within the time therein specified, then
this obligation is to be void; otherwise, same is to be and remain in full force and vertne.
THE SURETY unconditionally covenants and agrees that if the Principal fails to
perfoml all or part of the construction work required by the development plans or plans
and. specifications above referred to, within the time specified, the Surety, upon forty five
(45) days written notice from Seminole County, or its authorized agent or officer, of the
default, will forthwith perfonn and complete the affocsaid construction work and pay the
cost thereof, including, but not limited to engineering, legal and contingent costs. Should
the Surety fail or refuse to perform and complete the said improvements, the County of
Seminole, in view of the public inlerest, health, safety and welfare factors involved, and
the inducement in approving and filing the said plat, shall have the right to resort to any
and alllcgal remedi.es against the Principal and Surety, or either, both at law and equity.,
including specific perfom1<:Ulce, to which the Pricipal and Surcty unconditionally agree.
......,
THE PRlNCIP AL and the Surety hllther jointly and severally agree, that the county
of Seminole, at its option, shall have the right to construct or cause to be consln.l.ctcd, the
aforesaid improvements in case the Principal shall fail to do so. In the event the County
of Seminole should exercise and give effect to such right, the Principal and the Surety
shall be jointly and severally liable hereunder, to reimburse the County of Seminole the
total cost thereof, including, but not limited to engineering, legal and contingent costs,
together with any damages, either direct or consequential, which may be sustained OD
account of the failure of the Principal to carry out and execute all the provisions of said
agreement.
IN WITNESS WHEREOF, the Pricipal and Surety have executed these preSe!lts this
30TH day or JUNE , 1999.
Address:
385 Douglas Ave
Altamonte Springs, FL 32714
CENTEX HOMES
Principal
~::al) ~cVl I.J !) dO-rvr
u
Address:
SAFECO INSURANCE COMPANY OF AMERICA
Surety
.;>
SAFECO PLAZA
SEATTLE, WA 98185
Countersigned by:
~..
\. \}l,- 0 '\~)_'.;_.':Lr~n
J I A. RUSSELL
I
. tJ . /J t. \..7Jt/t1! "'-L /
Wltlless: ~1 . fl AI.. /.A.4"t j., - ~.-1-~
o ORAH GRI FF ITH
c.
Fi1 S A FEe o~
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PlAZA
SEATTlE, WASHINGTON 98185
No. 7386
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
......................LAWRENCE W. WALDIE; CARMEN MIMS; ALLYS ON DEAN; BRIAN W. LEBO\\': DEBBIE L. GRIFFITH; Dallas, Tex"'.......................
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 23rd
day of February
1999
--0? t:1 Ji? ~
'iJ fkJJJL~
RA PIERSON, SECRETARY
W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution.of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-{)f-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-{)f-altorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby' certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and
correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
3o+L
day of
q~
Iqqi. .
this
--6? t:1.-if ~
RA PIERSON, SECRETARY
S-0974/SAEF 7/98
<<) Registered trademark of SAFECO Corporation.
2/23'99 PDF
UIIJ.U/VV FlU IU::!:! FAX 407 tHH 4089
CENTEX HOMES
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METROPOLITAN
Title and Guaranty Co.+
A SUBSIDIARY OF CENTE)(. CORP.
CERTIFICATE OF TITLE FOR PLATTING PURPOS~S
TO: The City of Winter Springs. Florida.
RF.: Proposed Plat of PARKSTONE UNIT 1
Pursuant to Florida Statute 177.041, this Company ha.s searched
the Public Records of Seminole County, Florida. through June 22.
1999 at 5:00 PM. and find the following to be the condition of
title for the herein described propei.ty ~s of said date:
LEGAL DESCRIPTION
See attached EXHIBIT "A" for descrip~ion of proposed plat.
TITLE VESTED IN
CENTEX HOMES, a Nevada general partnership (se~ Exhibit D)
OVIEDO V, LTD., a Florida limited pa~tnership, as to Tracts A, B
and C, of said proposed plat. (Exhibit B)
G~~Y GN'ffiLE, as to Tract D of said proposed plat (Exhibit C)
ENCUMBRAN~E~
None
QTHER MATTE~ AFFECTING TITLE
1. Matters set forth on the plat of D.R. MITCHELL'S SURVEY OF
THE LEVi GRANT ON LAKE JESSUP, as recorded in Plat Book 1,
Page 5.
2_ Matters set forth on the plat of CHASE P~JD COMPANY'S
SUBDIVISION 0.1:-' WAGNER, as record~d i.n Plat Book 6, page 64.
3. O:;:dirlance No.. 2i4, !'ecord~d in Officia.l records Book 1456,
page 1914.
4. State of Florida Department of Tran.s?o!'tation Right of V17ay
Resolution as recorded in Official reco~ds Book 2257, page
174.
5. Temporary Easements Deed recorded in Official Records Book
3571, page 668.
( con t :i. nU8d)
385 Douglas Avenue. Suite 2050 · Altamonte Springs. Fl 3271 ~
Office (407) 661-2130 · Fax (407) 661-4083
/..
Page Two
Plat Cert.
parkstone Unit 1
6. Non-Exclusive Community Wall, Fence, Signage and Landscape
Easements recorded in Official Records Book 3582, page 1998.
7. Ordinance No. 299, recorded in Official Records Book 1574,
page 730.
8. Oil, Gas and Mineral Lease recorded ln Deed Book 137, page
387.
9. Non-Exclusive Easement and Agreement for Drainage and
Utilities recorded in Official Records Book 3582, page 2008.
10. Permanent Ingress and Egress Easement and Agreement recorded
in Official Records Book 3582, page 2021.
11. Resolution No. 92-R-86, recorded in Official Records Book
2430, page 365.
12. Resolution No. 92-R-200, recorded in Official Records Book
2464, page 687.
NOTE: All references are to the Public Records of Seminole
County, Florida.
TAXES
The property described in Exhibit "A", is referenced by the
following Tax ID numbers:
26-20-30-501-0000-00AO
26-20-30-5AR-OCOO-0060
26-20-30-5AR-ODOO-0060
26-20-30-5AR-ODOO-0070
The ad valorem taxes for the above referenced parcel are paid
through 1998.
METROPOLITAN TITLE & GUARANTY CO.
By: ~~A1 (;22
K~vi M. Arruda, CLS
Title Examination Manager
1099-0-2478
EXHIBIT "A"
.Tha(pa~{ of 'Lot3':6.'.~d<7,"EloCk':C>~d:io'ts 6 -'on;,1"7;-Blocl<" D,. D. .R.,:..~..\ "". .
MITCHaL~' SURVEY. OF .lliE .LE\'Y.. {;RANT ON . LAKE .:JESSUP, accO("ding ...:,-~~':(:.. ,. ." >:. :..'
to ..the,. plat"- th~f~:ps',""'ecird~ .Tn.. Plat." Book. .t.. Fago 5..' P.ubllc'Records o( Sorryinolel ~(
:~~~~rt~e~c~{><""hj;: ""ii",.,:'\""'<' ;"'Y'. ,,' .
;:1hat poi-ro(,Lots A/e, ;Cand.D>~CHASE' COMPANY'S. SVBDI'v1S1ON OF.::":'. :':":<;': .,.
;.: WAGt:'~R, occo:cting" to .the ~Iat.. th~reof.'~s r~o:do?;./r"':!?t 'I!o;:>k;, .6~./:?ge.:;.~4~...~,:
...Pubflc;..kecords. of Seminole. County,.. Flonda,.:. ;.; ._-',_':.'=, ....:<:...<.:.. .:'. ',.'.'. :.: ...'";'0:-:.....: 'c:"~,
;~...~.~:-~~~;:\:~.::. .~4...::..~~:.~!~.., :..; ~>~.' il.~.;.~:~Xf;~:. ~::~.~:=- :...~.;~~-~.:--..: '.~:.:... ..,:..... '. . " '.' ",..... '. ,~:..."" ..
'. Des.c,:J~ed._ as; fo1lo~s:":' ~';'.;
~:~:: '. ~~... ~.~~~:!.~/,;:~.. ~:f'"\;;'~:':i .....,.~~::..~,'.~~~..\. ~(:. _ . ." _ ....,;. :.:( . :. -,' . '~ _ ... ~.
'.Begindt the. Southwest comer.ofsaid.'Lot 7, Block D.'D...R. MITCHEJ-L'S. ..... '_.
':.SURVO''OF'1HE LEVY. GRANT ON LAKE .<lESSUP; thence run'.",' .<.; ,;.,,;.:.., '.";:.,.:..~...
. S 8S':';)4'S5" W along.. ih.tj" South line .9fsaid Jot ..0. CHASE AND COMp'~y'.s ". ,.:-:~.' _
..SUBDIVlSlONOF.. WAGNER. ' fw.o. distance '.of 505.62 feet; th.eOce run.... '/.' ;;'..' .:.. :';. .
:. N . 06V5'05~:-W for: ~ . distanc"o"..of" 735.00 feet;. .-thence {.run ".$,.-83'54; '55~.. W for. 0 . .:. ~"":..
~.-dfstanc6"b"".i<<.OO"feet;dhence':run:..N ..06V5'05";W TO(". a; distance of :.85.00 fet3t; .'.;;'.. '.~'.:.~
. thence run S 83"504'55". W.Jor 0 distance .af .0360.00 feet;~thence run.S" 8614'1,J" W .
:'.for'..o .dlstance of~0.04 feet;/tf:ence..run N 65"2.3'40~. W.fO(" a.'dlstance of 227.30 feet
'i.to.:a' potnf'oo::the'Wost"tine 'of Lot D of .said CHASE.ANb:COMPANYS.:":::',.~---;:,:",:,,;...-:,:; . .
;SUBDI.'v1SKjN..dF<.WAGNER;.;:thence: run:.N 07tJ2'15." $ along: safd West lino"'.~!~:' t>:~ .....>..
..for:a distance of .100.00."toet' to'..the~"Northwest . cOmer . lhcroof; , thence run '>. . '..::~::":',
S 8,J28'4r ,W a/oog .the ::South . line .Of.Lot A .of said CHASE AND COMPANy'S .. H
SUBDIVISION. OF WAGNER fO(". a :.a1stance..of 809..39 t'eet. to. the' Southwest. .. .. . .
comoi':thereof; thence iuh:.N- 07.0CfSO.... ~along tho .West line -q{ said Lo't A for a
dlstance"of',952..95 feet. .to 'ftre i\torlh -lIne. of the .South ,:952.92 feet of sa/d.,Lot A;. ..
_ then~.'run N. 83L8'41.~ E',clang' sold. North"line :.for a .d/stance of 380.26 fet3tAo a
:po/nt..on.. the 28100t ~f6VOtlon. con tour- iine; '. thence run ..the fOlfowlng, 21' courses'
.. olong.said.~contou"".l1ne:' . thence run S.!64-4rS.f".E f01 a .:distance of 107.'73 f(Jet;., ..... .
;.:.fhon~e nJn$ !Jl."24'20~.E.fo( '0. distance. of 135.74 feet;,~thence ron N.84tJl'29." E.:.',.
for. a'distcince'of'1.36.45.(eel; tllence.run ~N. 75"57'12" E fOr...~ .dfstanco .of IZ4.59' :;..'
fe-et;..thence run ":N.-70'48'OJ" E fO("a ".cistanco'.of 97.06 .feeC~.thence'run.. :.;c.'. . . '. ',:
N 79"2,)'24" f: for a.dlstance of 67.84..feet; thence ruri.-S.83"56'.38:'E-.fO;;' a' distanc~..
. .of 69.64 feet;. .thenCe .."run. 'W71 "2.).01....(:. for a distance of. 74.96..feet; ."thence run,
. N 88:39'32~ E'(O(" a distance'..of 49.9Sfeet;:. thence run S72tJ4', 2~.E.fO(" .<J' distance-
. of. 140.<< . feet;>thence .run -N:-8918'08':"~E :(0/<.0 ..-distanCeof' 124_02:feet~ 'tiumce .run 'H
. . N 8,8"45'29" E :(or..o'.distance'of, 92~78 'feet.: then co .:run .S 89"Jl~15" _E. (of .a -distance."
of.'88.82 feet;.thenc8' run..S 85"59'05" -E fot.:-o. dfs tan ce '. 'of 6.1.29 feet;':ttiooC6 run
.N]6=:32'54.~ E..'for <J distance of 146:97'~feet;...thencerun"''$ 86'.3'(15" Eofora.' ..-.:,-:",.-
distance of. 88.64 feet;. thence ~run .~S '79.,.3.1" .f. fO(". a distance .~of .120.21 feel;' "~::::".;..
th<mcerun.S 84031'10": E for.Q distance of 47:47 (eel; . thence ron .N B2tJ2'53" E for.' ...
'a distance~a;.127.26:feet;thencerun.S 76"56'08" t.for.'o distance of 126.16 feet; .:~
thence ..run :N'86'44'29" E for a .c!istanco of_:58.65 feet;.' thence'leaving sold .2.8 foot
'.. elevotlon..Contoor./lne. run.tho-f0!fowfng 13 Courses:. .thence..run .S..OOI1'02~.:W for.'
.';a distance 0(-212.40 teet;~ thence.run S 54'42'51~.E' fOr a' distance of'-76.:JJ feet; .
. thonce .run S: 15"29.21.... E'{or'a '.distance of J45.28 . feet; ...thence .run. 11"24'.34" E for .
'. a distance of 158.<<f~t; -thonee ron $61'40'.34" Lfor a 'distance .-cf.'.JI2..i3 .feBt;" .
.:.th.ence.run'S..~3J"48"..W~for'.a'.rfistan~e'of.'20"1.f. feet; thence run..S 36"56'1'''(. .>:. . .
.. for a distance. 6'28047 feet;' .thence .run'.S'4Z37'3Z". W for --a' distance bf.137.0.3 (eet;
'thence .'nm S 5.318'51'" W..fOf'. .0 distance .of 46.62 feet; thence: run 'S .8ff1S'1,J" 'w :. ..r
'~ ..for.a distance of .W:12 feet; ~.tht.-:.'co.:i11n .N :]0, 6'22".W for..:o distance ';of,-re.53 feet: ..'
..- thonce,.ronS.'18"S8'22"!:"W:(or.:;',r'distance of:105.35 feet;. thenco.run S .3.3"28'2.1" W .
:'';-:(or. a;.1:JistGnce'pf SO.30;'feet.~f6".apolnt.on'.'Q non-:tangent .curve .concave Southeasterly
~'.haVing~~'radlu~..o(25.00 feeton::i 'O_'chOrd :bearlng of S 58"28"2".W.".thence. run .
";So<Jthwestctrly:olong ..the drc.::of .F;,'q -Curve through a -centrol angle :of '2910'19" (0("
,:' a>dista"nc6..of:56.:56 feet.to.. the {J\'){nt"of tangency; thence run S 06tJ6'57"-'E fora
distanctfJofA.1t.02; loiJt;::"lheilce .run N 83"5.3'03" E- .(0(", Q -<1istance of. .315.3.3 feet;
_. . '.W . J , .. ._. _ ". .
: thencti:niri--;; 06.V6'f5T:;.E. for ~a distance 0(" 235.00 feet to a poin t on- the South '.flne . .
-" of the .o(OrCmentloned Lot 6. 'Block .0. of said D. R. MITCHELL S SURVEY OF ...:,;".~:. .. .
....THE LEVY-.CRANr...ON "'LAKE- .JESSUP; .th"once run S B9~J'0.3~., W along .safd f.,:. ~) :~"':':"'':..:<i:'';;
South J1no~and tho.South line of said Lot 7.,.Block D, (or a distonce of 604.76 feet.
.to. tho :POiNT.OF '8U;fNNING.. . ,.. ..,
EXHIBIT B
Description of Tracts A, Band C of the proposed
plat of parkstone Unit 1
BEGIN at the Southwest corner of Lot 7, Block D, D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded in Plat Book
I, Page 5, of the Public Records of Seminole County, Florida;
thence run N.83053'03HE., along the South line of said Lot 7, for
a distance of 209.43 feet; thence run N.06006'57HW., for a
distance of 666.00 feet to the point of curvature a curve concave
Southwesterly having a radius of 25.00 feet; thence run
Northwesterly along the arc of said curve through a central angle
of 62020,H for a distance of 27.20 feet to the point of reverse
curvature of a curve concave Northeasterly having a radius of
115.00 feet and a chord bearing of N. 51035' 33Hw., thence run
Northwesterly along the arc of said cure through a central angle
of 33043' 06H for a distance of 67.68 feet to a point of non-
tangency; thence run S.83054'55HW., for a distance of 653.70
feet; thence run S.06005'06HE., for a distance of 735.00 feet to
the South line of Lot D, as shown on the plat of CHASE AND
COMPANY'S SUBDIVISION OF WAGNER, as recorded in Plat Book 6, Page
64, of said Public Records; thence run N.83054'55HE., along said
South line for a distance of 505.62 feet to the POINT OF
BEGINNING.
EXHIBIT C
Description of Tfact D, of the proposed
Plat of parkstone Unit 1
Commence at the Southwest corner of Lot 7, Block D, D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, as recorded
in Plat Book I, Page 5, of the Public Records of Seminole County,
Florida; thence run N. 83053' 03"E., along the South line of said
Lot 7, for a distance of 289.43 feet to the POINT OF BEGINNING;
thence run N.83053'03E., along the South line of Lots 6 and 7, of
said D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, for
a distance of 315.33 feet; thence run N.06006'57"W., for a
distance of 235.00 feet; thence run S.83053'03"W., for a distance
of 315.33 feet; thence run S.06006'57"E., for a distance of
235.00 feet to the POINT OF BEGINNING.
EXHIBIT D
Property of Centex Homes in the proposed plat of
Parks tone Unit 1
The property described in Exhibit A, LESS AND EXCEPT the property
described in Exhibit B and Exhibit C.
@
---- .
,.. CHICAGO TITLE INSURANCE COMPANY
LIMITED TITLE SEARCH CERTIFICATE FOR
THE PROPOSED PLAT OF PARKSTONE UNIT 1
DATE:
May 4, 1999
TO:
Seminole County Board of County Commissioners
C/O Metropolitan Title & Guaranty Co.
385 Douglas Ave., Suite 2050
Altamonte Springs, Florida 32714
Attn: Kevin Arruda
",
CTIC #
1099-0-2478
We have caused a search to be made of the Public Records of Seminole
County, Florida, from the earliest public, records through April 16, 1999 at
5:00 p.m., as to the following described real property:
...,
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
AND FIND the owner of record April 16, 1999 at 5:00 p.m.
-'CENTEX ijOMES, a Nevada general partnership and OVIEDO V, LTD., a Florida
:~:limi\ed\{partnership (As to Tracts A, B, and C)
\ ';;\ (l
THE ~..iillOVE is the same as the named owner in the Dedication on Plat
designa'ted:
r '
PARKST,ONE UNIT 1
I.
I
ALL MORTGAGES not released or satisfied of record are as follows:
NONE
"
LIMITED TITLE SEARCH CERTIFICATE FOR
THE PROPOSED PLAT OF PARKS TONE UNIT 1
OTHER MATTERS OF RECORD ARE AS FOLLOWS:
1. Plat of D. R. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP,
recorded in Plat Book 1, page 5.
2. Plat of CHASE & COMPANY'S SUBDIVISION OF WAGNER, Plat Book 6, page 64.
3. Ordinance No. 274, filed in Official Records Book 1456, Page 1914.
4. State of Florida Department of Transportation Right of Way Resolution
for State Highway System Projects filed 'in Official Records Book 2257,
Page 474.
5. Temporary Easements Deed filed in O.R. Book 3571, Page 668.
6. Non-Exclusive Community Wall, Fence, Signage and Landscape Easements
filed in Official Records Book 3582, Page 1998.
7. Ordinance No. 299, filed in Official Records Book 1574, Page 730.
....
8. Oil, Gas and Mineral Lease filed in Deed Book 137, Page 387.
9. Non-Exclusive Easement and Agreement for Drainage and Utilities filed
inO.R. Book 3582, Page 2008.
~: 10. I Permanent Ingress and Egress Easement and Agreement filed in O.R. Book
. .35S2, Page 2021. .
.-.. I ',,,,,: 1,(
11. ~'Resolution No. 92-R-86, filed in O.R. Book 2430, Page 365.
.t\ .
12. R~solution No. 92-R-200, filed ~n O.R. Book 2464, Page 687.
T.fUC INFORMATION:
1998 Taxes are Paid in the gross amounts as follows:
Tax. Parcel No.
Tax Parcel No.
Tax Parcel No.
Tax Parcel No.
26-20-30-501-0000-00AO -
26 - 20 - 3 0 - 5AR- O.COO -0060
26-20-30-5AR-ODOO-0060
26-20-30-5AR-ODOO-0070
$943.87
$157.46
- $131.00
- $131.00
,.
,/-
LIMITED TITLE SEARCH CERTIFICATE FOR
THE PROPOSED PLAT OF PARKSTONE UNIT 1
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused these
presents to be signed and its Corporate Seal affixed hereto on this
3rd day of May, 1999.
'-
~I~: INSURAN~PANY
~ BLAS PADRINO:ns/mc
(Seal)
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D McINTOSH ASSOC -t-H CENTEX HOMES
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.
EXHIBIT "A"
DESCRIPTION:
That part of Lots 6 and 7, Block C, and Lots 6 and 7, Block D, D. R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according
to the plot thereof, os recorded in Plat Book 1, Page 5, Public Records of Seminole
Coun ty. Florida,
AND:
That part of Lots A. B, C and D. CHASE AND COMPANY'S SUBDIVISION OF
WAGNER, according to the plot thereof. os recorded in Plot Book 6, Page 64,
Public Records of Seminole Coun ty. Florida,
Described as follows:
Begin at the Southwest corner of said Lot 7, Block D, D. R. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run
S 83'54'55" W along the South line of said Lot D, CHASE AND COMPANy'S
SUBDIVISION OF WAGNER, for a distance of 505.62 feet; thence run
N 06'05'05" W for 0 distance of 735.00 feet; thence run S 8.3'54'55. W for 0
distance of 144.00 feet; thence run N 06'OS'OS" W for 0 distance of 85.00 feet;
thence run S 83'54'55- W for 0 distance of 360.00 feet; thence run S 8614'73" W
for 0 distance of 50.04 feet; thence run N 65'2.3'40" W for 0 distance of 227..30 feet"
to 0 point on the West line of Lot D of said CHASE AND COMPANY'S
SUBDIVISION OF WAGNER; thence run N Or02'75" W along said West line
for a distance of 100.00 feet to the Northwest corner thereof; thence run
S 83'2Ef41. W along the South line of Lot A of said CHASE AND COMPANY'S
SUBDIVISION OF WAGNER for 0 distance of 809.,39 feet to the Southwest
.comer.~hereof; thence run N 07'00'50" W along the West line of said Lot A .for 0
.distanc;p of 952.95 feet to the North line of the South 952.92 feet of said Lot A;
tttence'run N 83'28'41" E along said North line for 0 distance of 497.23 feet to the
. wcHer'$ edge of Lake Jessup; said pain t also being Reference Pain t "A"; thence run
Easterly along said waters edge 7990 feet more or less to a point on said waters
ed~t1"'ying S 89'44'.37" E 0 distance of 1961.50 feet from said Reference Point
"A ';", thence run the following 1.3 courses: thence run S 0011'02" W for 0 distance
of 217.89 feet; thence run S 54'42'51" E for 0 distance of 76..3.3 feet; thence run
S 1579'27- E for 0 distance of 745.28 feet; thence run 17'24'34" E far 0 distance
of lS8A4 feet; thence run S 67 '40'34" E for 0 distance of -312.3.3 feet; thence run
S 3,311'48" W for 0 distance of 720.74 feet; thence run S ,36'56'"'' E for 0
distance of 28.47 feet; thence run S 42'.37'.37" W far 0 distance. af 737.0.3 feet;
thence' run S 5318'57" W for 0 distance of 46.62 feet; thence run S 8815'1.3" W
for 0 distance of 40.12 feet; thence run N 7016'22" W for 0 distance of 48.S.3 feet;
thence. run S 18'S8'22" W for 0 distance of 70S..3S feet; thence run S 3.3"28'27" W
for 0 distance of 50.30 feet to 0 point on 0 non-tangent curve concave Sautheasterly
having 0 radius of 2S.00 feet and 0 chord bearing of S S8"28'72" W; thence run
Southwesterly along the arc of said curve through a central angle of 129'70'79" for
a distance of 56..36 feet to the point of tangency; thence run S 06'06'57" E for 0
distance of 437.02 feet; thence run N 83"S3'03" E (or 0 distance o( .31S..3.3 feet;
thence run S 06lJ6'Sr E (or 0 distance of 2.35.00 feet to 0 point on the South line
of the aforementioned Lot 6, Block D, of said D. R MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP; thence run S 8.3'5.3'0.3" W along said
South line and the South line of said Lot 7. Block D. for 0 distance of 604.76 feet
to the POINT OF BEGINNING.
Con toining 76.442 acres more or less.
~-, -~~'..-
This i.nstrument prepared by
and after recordi.ng retun1ed to:
Burgess N. Trank, Jr.
Centex Homes
385 Douglas A venue, Suite 1000
Altamonte Springs, Florida 32714
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR PARKSTONE
SEMINOLE COUNTY, FLORIDA
THIS DECLARATION is made on the date hereinafter setforth by Centex Homes,
a Nevada general partnership, hereinafter referred to as the "Declarant".
WITNESSETH
WHEREAS, Declarant is the owner of certain real property in Seminole County,
Florida, described on Exhibit "A" attached hereto and incorporated herein by reference;
and
WHEREAS, Declarant desires to create an exclusive planned residential community
known as Parkstone on the land described on Exhibit "N' and such other land as may be
added thereto pursuant to the terms and provisions of this Declaration; and
WHEREAS, Declarant desires to establish a not-for-profitcorporation to be known
as the Parkstone Community Association, Inc., to own, operate and maintain the Common
Areas herein described for the use and benefit of the Owners of Lots within the Property
as herein described;
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NOW THEREFORE, Declarant declares thatthe real property described on attached
Exhibit "A" shall be held, sold and conveyed subject to the restrictions, covenants and
conditions declared below, which shall be deemed to be covenants running with the land
and imposed on and intended to benefit and burden each Lot and other portions of the
Property in orderto maintain within the Property a planned community of high standards.
Such covenants shall be binding on all parties having any right, title or interest therein or
any part thereof, their respective heirs, personal representatives, successors and assigns,
and shall inure to the benefit of each owner thereof.
ARTICLE 1
DEFINITIONS
Section 1.1. "Articles of Incorporation" or "Articles" shall mean and refer to the
Articles of Incorporation for Parkstone Community Association, Inc., a Florida not-for-
profit corporation in the form attached hereto as Exhibit "B" and incorporated herein by
reference.
Section 1.2. "Association" shall mean and refer to Parkstone Community
Association, Inc., a Florida not-for-profit corporation established for the purposes setforth
herein.
Section 1.3. "Board" shall mean the Board of Directors of the Association, appointed
or elected in accordance with the Bylaws of the Association.
Section 1.4. "Builder" shall mean and refer to Centex Homes, a Nevada general
partnership and any other residential building company acquiring Lots from the Declarant
for the purpose of construction and sale of homes.
Section 1.5. "Bylaws" shall mean and refer to the Bylaws of the Parkstone
Community Association, Inc. in the form attached hereto as Exhibit "C" and incorporated
herein by reference.
Section 1.6. "Common Areas" or "Common Property" shall mean and refer to that
portion of the Property, if any, conveyed to the Association for the use and benefit of the
Owners, including without limitation, the property and i~11provements described in Exhibit
I'D" attached hereto and incorporated herein by reference.
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Section 1.7. "Common Maintenance Areas" shall mean and refer to the Common
Areas, if any, and drainage facilities and detention ponds and any areas within public
rights-of-way or easements that the Board of Directors of the Association deems it
necessary or appropriate to maintain for the common benefit of the members.
Section 1.8. "Declarant" shall mean and refer to Centex Homes, a Nevada general
partnership, its successors and assigns who are designated as such in writing by Declarant,
and who consent in writing to assume the duties and obligations of the Declarant with
respect to the Lots acquired by such successor or assign.
Section 1.9. "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Parkstone, and any amendments, annexations and
supplements thereto made in accordance with its terms.
Section 1.10. "Lot" shall mean and refer to any of the plots of land indicated upon
the recorded subdivision map of the Property or any part thereof creating single-family
homesites, with the exception of the Common Area and areas deeded to a governmental
authority or utility, together with all improvements thereon.
Section 1.11. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot, including contract sellers, but
excluding those having an interest merely as security for the performance of an obligation.
Section 1.12. "Plat" shall mean and refer to the recorded plat of Parkstone, and! or
any other subdivision plat applicable to the Undeveloped Parcel which is later annexed to
this Declaration and made a part of the Association.
Section 1.13. "Private Street" shall mean and refer to the Common Property
identified as such on Exhibit "D", including without limitation, the paved streets, curbs,
gutters, drainage facilities, landscaping, si~ewalks and other improvements, if any
constructed or installed within the platted rights-of-way of such Private Streets, if any.
Section 1.14. "Property" shall mean and refer to the real property described on the
attached Exhibit "A", and such additions thereto as may be brought within the jurisdiction
of the Association and be made subject to this Declaration.
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Section 1.15. "Supplemental Declaration" shall mean any supplement, amendment
or modification of this Declaration.
Section 1.16. "Surface Water and Storm Water Management System" shall mean
and refer to a system of swales, inlets, culverts, retention ponds, detention ponds, lakes,
outfalls, storm drains and the like, and all connecting pipes and easements, 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 a quantity and quality of discharges from the
system, as permitted pursuant to Chapters 40C-4, 40C-40, or 40C-42, Florida
Administrative Code.
Section 1.17. "Undeveloped Parcel" shall mean and refer to the lands described in
Exhibit "E" attached to this Declaration, portions of which are presently unimproved
parcels ofland which Declarant may, butis not obligated to, develop and which, by future
annexation, may be subjected to this Declaration,
Section 1.18. "Unit" shall mean a portion of the Properties, whether developed or
undeveloped, intended for development, use and occupancy as a detached residence for
a single family, or as an attached townhome or villa home, or as an attached or detached
condominium residential unit, and shall, unless otherwise specified, include within its
meaning (by way of illustration but not limitation) single-family detached houses on
separately platted Lots, attached townhomes or villa homes, and condominium residential
units as well as vacant land intended for development as such, all as may be developed,
used, and defined as herein provided or. as, provided in Supplemental Declarations
covering all or part of the Property. The term shall include all portions of the Lot together
with all improvements thereon. In the case of a parcel of vacant land or land in which
improvements are under construction, the parcels shall be deemed to contain the numbers
of Units designated for such parcel on the Plat or site plan approved by Declarant,
whichever is more recent, until such time as a certificate of occupancy is issued on all or a
portion thereof by a local government entj.ty having jurisdiction, after which the portion
designated in the certificate of occupancy shall constitute a separate Unit or Units as
determined above, and the number of Units in the remaining land, if any, shall continue
to be determined in accordance with this paragraph.
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Section 1.19. "Architectural Control Committee" or "ACC" shall mean the
committee established by the Association according to the provisions of Article 8 of this
Declaration.
ARTICLE 2
PROPERTY SUBJECT TO DECLARATION
Section 2. 1. Property Subject to this Declaration. From and after the time that
this Declaration is recorded in the Public Records of Seminole County, Florida, the
Property shall be subject to the terms and conditions of this Declaration. The Property
shall be held, sold and conveyed subject to the easements, restrictions, covenants and
conditions contained in this Declaration, whic~ shall run with the land and be binding on
all parties having any right, title or interest in the Property or any partthereof, their heirs,
successors or assigns and shall inure to the benefit of each owner thereof.
Section 2.2. Annexation.
2.2.1. Within the period beginning with the date this Declaration is recorded
in the Public Records of Seminole County, Florida and ending either (a) seven (7) years
thereafter, or (b) five (5) years from the date of recording ofthe last recorded Supplemental
Declaration annexing additional land to this Declaration, whichever event, (a) or (b),
occurs later, the Declarant may, without the consent or joinder of the Owners or any other
person or entity, annex additional real property (including Common Property) within the
Undeveloped Parcel to the Properties. Annexations under this Subsection 2.2.1 shall be
accomplished by filing a Supplemental Declaration describing the real property to be
annexed (or withdrawn pursuant to Section 2.3 of this Article 2, as the case may be), and
shall become effective when such Supplemental Declaration is filed among the Public
Records of Seminole County, Florida, unless otherwise provided therein. Declarant shall
have the unilateral right to transfer to any other person or entity the right, privilege, and
option to annex additional property which is herein reserved to Declarant, provided that
such transferee or assignee shall be the developer of at least a portion of the Properties and
that such transfer is memorialized in a written, recorded instrument executed by the
Declarant.
2.2.2. Su bject to the consent of the owner thereof, the Association may annex
real property, other than property within the Und,eveloped Parcel, to the provisions of this
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Declaration and the jurisdiction of the Association. Such annexation shall require the
affirmative vote of two-thirds (2/3) of the votes of each class of Members of the
Association. The annexation of land under this Subsection 2.2.2 shall be accomplished by
the recordation in the Public Records of Seminole County, Florida, of a Supplemental
Declaration describing the property being annexed and signed by the President and
Secretary of the Association and by the owner of the property being annexed. Any such
annexation shall be effective upon filing unless otherwise provided therein.
2.2.3. No provision of this Declaration shall be construed to require
Declarant or any other person or entity to annex any real property to this Declaration.
Further, the Declarant is not obligated to bring all or any part of the remaining real estate
in the Undeveloped Parcel into the Association.
2.2.4. The Declarant intends to develop the Property, the Undeveloped
Parcel and adjoining lands in accordance with applicable ordinances and regulations, and
hereby reserves the right to develop and use any or all of the Undeveloped Parcel or
adjoining lands in any manner permitted by such ordinances and regulations, and without
any obligation to the Owner of any Lot which is subject to this Declaration. The Declarant
shall not be required to follow any predetermined order of im provement and development
of the Undeveloped Parcel or adjoining lands; and it may annex additional lands within
the Undeveloped Parcel in any order, and construct improvements thereon before
completion of all improvements on the Property or any previously annexed lands.
2.2.5. Covenants and restrictions applicable to annexations to the Property
shall be compatible with, but need not be identical to, the covenants and restrictions set
forth in this Declaration.
2.2.6. In the event that either the Federal Housing Administration (the
"FHA") or the Department of Veterans Affa'irs (the "VA") insures or guarantees any
mortgage encumbering a Lot, and the regulations or procedures of such agency require
under such circumstances approval of annexations by such agency or determination by
such agency that such annexation is consistent with the general plan of development for
the Parkstone, then such approval or determination as described in Article 16, Subsection
16.2.5 shall be a prerequisite to such annexation.
Section 2.3. Withdrawal. Within the period beginning with the date this
Declaration is recorded in the Public Records of Seminole County, Florida and ending
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either (a) seven (7) years thereafter, or (b) five (5) years from the date of recording of the
last recorded Supplemental Declaration annexing additional land to this Declaration,
whichever event (a) or (b) occurs later, the Declarant may, without the consent or joinder
of the Owners or any other person or entity, when necessary or desirable to accommodate
changes in the plan of development of Parkstone, withdraw from the provisions of this
Declaration any of the Property that continues to be owned by the Declarant, and its
successors or assigns, and which has not been dedicated or designated as Common
Property. Withdrawals under this Section 2.3 shall be accomplished by filing a
Supplemental Declaration describing the real property to be withdrawn and shall become
effective when such Supplemental Declaration has been recorded in the Public Records of
Seminole County, Florida, unless otherwise provided therein.
Section 2.4. Conveyance of Common Areas to the Association. When Declarant
conveys title to the first Unit within each ph~se of development to be conveyed to a Class
"A" Member, the Declarant shall be obligated to convey title to all of the Common Areas
located in such phase of development to the Association which shall be obligated to accept
such conveyance pursuant to Article 7.
ARTICLE 3
CREATION OF ASSOCIATION; MEMBERSHIP; VOTING RIGHTS
Section 3.1. Creation of Association. Upon execution ofthis Declaration, Declarant
shall cause the Association to be created by recording the Articles of Incorporation and
Bylaws thereof with the Secretary of State of Florida in the forms attached hereto as
Exhibits "B" and lie' , respectively, and incorporated herein by reference.
Section 3.2. Membership. Every O~ner of a Unit or Lot, and every Builder
owning any Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant
and its successors and assigns, shall be Members of the Association, and by acceptance of
a deed or other instrument evidencing an ownership interest, each Owner, Builder and
Declarant accepts membership in the Association, acknowledges the authority of the
Association as herein stated, and agrees to abide by and be bound by the provisions of this
Declaration, the Articles of Incorporation, the Bylaws and other rules and regulations of
the Association. The term "Member" shall include each person or entity owning any right,
title or interest in any Unit or Lot, except pers.ons or entities holding mortgages or other
security or trust interests unless such persons or entities also have the right of possession.
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Tenants or others occupying any Unit who do not have an ownership interest therein shall
not be Members for the purposes of this Declaration. Membership in the Association is
appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations
of a Member may not be assigned or delegated except as provided in this Declaration, the
Articles of Incorporation or Bylaws of the Association, and shall automatically pass to the
successor-in-interest of any Owner upon conveyance of such Owner's interest in the Lot
or Unit. Members shall be responsible for compliance with the terms and conditions of this
Declaration, the Articles of Incorporation and Bylaws, and rules and regulations of the
Association by all occupants, tenants, guests, invitees and family members while residing
in or visiting any Unit, Common Area or other portion of the Property.
Section 3.3. Voting Rights. Members of the Association shall be allocated votes
as follows:
3.3.1. Classes.
Class A. Class A Members shall be all Owners with the exception of the
Declarant and any Builders. Each Class "A" Member shall be entitled to one vote for each
Lot or Unit owned.
Class B. The Class B Member shall be the Declarant, or its specifically
designated (in writing) successor. The Class B Member shall be allocated three (3) votes
for each Lot or Unit owned by it within the Property which is subject to assessment by this
Association; provided, that the Class B memb~rship shall cease and become converted to
Class A membership as set forth in Section 3.5 of this Article 3. Upon conversion to Class
A membership, the Declarant shall have one vote for each Unit or Lot owned by it within
the Property so long as said Unit or Lot is subject to assessment by this Association.
Class C. All Builders, as defined herein, except the Declarant, shall be Class
C Members. Class C Members shall have one (1) vote for each Lot or Unit they own in the
Property.
3.3.2. Joint Ownership. When any Unit or Lot is owned of record in the
name of two or more persons or entities, whether fiduciaries, joint tenants, tenants in
common, tenants in partnership, or in any other manner of joint or common ownership,
or if two or more persons or entities have the same fiduciary relationship respecting the
same property, then unless the instrument or order appointing them or creating the
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tenancy otherwise directs, and a copy thereof is filed with the secretary of the Association,
such Owner shall select one official representative to qualify for voting in the Association
and shall notify in wri ting the Secretary of the Associa tion of the name of such individ ual.
The vote allocated to any Unit or Lot (including Units,or Lots owned by the Declarant or
a Builder) may not be divided or cast in any fraction, and the vote of each official
representative shall be considered to represent the will of all the Owners of that Lot or
Unit. If the Owners fail to designate their official representative, then the Association may
accept the person asserting the right to vote as the voting Owner until notified to the
contrary by the other Owner(s). Upon such notification no affected Owner may vote until
the Owner(s) appoint their official representative pursuant to this paragraph.
Section 3.4. Change of Membership.
3.4.1. Ownership. Change of ,~embership in the Association shall be
established by recording in the Public Records of Seminole County, Florida, a deed or other
instrument conveying record fee title to any Lot or Unit, and by the delivery to the
Association, of a copy of such recorded instrument. The Owner designated by such
instrument shall, by acceptance of such instrument, become a Member of the Association,
and the membership of the prior Owner shall be terminated, In the event that a copy of
said instrument is not delivered to the Association, said Owner shall become a Member,
but shall not be entitled to voting privileges until delivery of a copy of the conveyance
instrument to the Association. The foregoing, shall not, however, limit the Association's
powers or privileges and the new Owner shall be liable for accrued and unpaid fees and
assessm~nts attributable to the Lot or Unit acquired. Notwithstanding the foregoing, the
Declarant, or any Builder, shall have the right to notify the Association in writing of
conveyance of a Unit to an Owner without the requirement of providing a copy of the
deed, and the Association shall recognize the Owner identified in such written notice as
a Member of the Association and Owner of the Unit.
3.4.2. Interest in Association. The interest, if any, of a Member in the funds
and assets of the Association shall not be assigned, hypothecated or transferred in any
manner except as an appurtenance to the Owner's real property. Membership in the
Association by all Owners shall be compulsory and shall continue, as to each Owner, until
such time as such Owner of record transfers or conveys his interest in the real property
upon which his membership is based or until ,said interest is transferred or conveyed by
operation oflaw, atwhich time the membership shall automatically be conferred upon the
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transferee. Membership shall be appurtenant to, run with, and shall not be separated from
the real property interest upon which membership is based.
Section 3.5. Class B Membership Starns.
3.5.1. Duration. The Declarant:' s Class B mem bership status shall continue,
and shall be in effect, during the period from the inception of this Declaration until either
(1) seven (7) years from the date this Declaration is recorded; or (2) five (5) years after the
date of recording of the last Supplemental Declaration annexing additional property into
this Association, whichever event, (1) or (2) occurs later; or (3) upon recording of a
voluntary written notice executed by the Declarant or its duly authorized successor or
assignee electing to convert its Class B status to Class A; or (4) in any event, ninety (90)
days after the conveyance of the Unit to a Clas~,A Member that causes the total number of
votes held by all Class A Members of this Association to equal the number of votes held
by the Class B Member, whichever event, (I), (2), (3) or (4), occurs first; provided however,
that if Class B status is converted to Class A pursuant to clause (4) and, subsequent to such
event, the Declarant annexes additional property within the Undeveloped Parcel to the
Association or annexes additional Lots developed within the Undeveloped Parcel to the
Association, and such annexation causes the number of Lots or Units owned by the
Declarant within the Property, as increased by the annexation, to exceed twenty-five
percent (25%) of the total number of Lots and Units within the Property, Declarant:' s Class
B status shall be restored as to all Lots and Units then owned by Declarant, and shall
continue until the next occurrence of an event of conversion described above.
3.5.2. Assignment. The Declarant shall have the right to partially assign its
status as Declarant and Class B Member, by recorded instrument executed by the original
Declarant and acknowledged and accepted by the assignee Declarant, to any person or
entity acquiring any portion of the Property for the purpose of development of a residential
subdivision, and any such assignee shall thereafter be deemed to be the Declarant as to the
Lots or Units owned by such person or entity, and shall have the right to exercise all of the
rights and powers of the Declarant as to such Lots and Units, while, at the same time, the
original Declarant shall continue to exercise the rights and powers of the Declarant as to
all Lots and Units owned by such original Declarant. If any action of the Association
requires the approval, consent or vote of the Declarant, and the original Declarant has
partially assigned its rights as Declarant to others pursuant to this paragraph, the consent
or vote of all such Declarants shall be required to satisfy the requirement of consent by the
Declarant.
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ARTICLE 4
FUNCTIONS OF ASSOCIATION
Section 4.1. Common Maintenance Areas. The Association, subject to the rights
of the Owners set forth in this Declaration, shall be responsible for the exclusive
management and control of the Common Maintenance Areas and all improvements
thereon (including, without limitation, furnishings and equipment related thereto and
common landscaped areas), and shall keep the Common Maintenance Areas in good, clean,
attractive, and sanitary condition, order, and repair, pursuant to the terms and conditions
hereof and any agreement with another association or governmental agency.
Section 4.2. Personal Property and Real Property for Common Use. The
Association, through action of its Board, may acquire, hold, and dispose of tangible and
intangible personal property and real property. The Board, acting on behalf of the
Association, shall accept any real or personal property, leasehold, or other property
interests within the Property conveyed to it by the Declarant.
Section 4.3. Services. The Association shall have the following powers:
4.3.1. Maintenance ofGommonMaintenance Areas, Surface Water
and Storm Water Management Systems, recreation parcels, and all city, county, district or
municipal properties and rights-of-way (to the extent permitted by any governmental
authority) which are located within or in a reasonable proximity to the Properties where
deterioration of any of the described items would adversely affect the appearance of the
Properties or the operation of systems appurtenant to Parkstone.
4.3.2. Maintenance of any real property located within Parkstone
upon which the Association has accepted an easement for said maintenance.
4.3.3. Maintenance of beaches, lakes and canals owned by or
dedicated for the use of the Association within the Properties, as well as maintenance of
bodies of water if and to the extent permitted or required by any contract or by any
governmental authority having jurisdiction thereof.
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4.3.4. Insect, pest and aquatic control where necessary or desirable
in the judgment of the Board to supplement the service provided by the state and local
governments. The provisions of this paragraph shall not be construed as an obligation on
the part of Association to provide such services.
4.3.5. T along any and all actions necessary to enforce all covenants,
conditions and restrictions affecting the Properties and to perform any of the functions or
services delegated to the Association in any covenants, conditions or restrictions applicable
to the Property or in the Articles or Bylaws.
4.3.6. Conducting business of the Association, including but not
limited to administrative services such as legal, accounting and financial, and
communication services informing Members of activities, Notice of Meetings, and other
important events. The Association shall have the right to enter into management
agreements with companies affiliated with the Declarant in order to provide its services,
and perform its functions,
4.3.7. Establishing and operating the Architectural Control
Committee, pursuant to Article 8.
4.3.8. Adopting, publishing and enforcing such Rules and
Regulations as the Board deems necessary.
4.3.9. Lighting of roads, sidewalks, walking and bike paths
throughout the Properties as deemed necessary by the Board. The provisions of this
paragraph shall not be construed as an obligation on the part of Association to provide
such services.
4.3.10. At the sole option and discretion of the Board, conducting
recreation, sport, craft, and cultural programs of interest to Members, their families, tenants
and guests and charging admission fees for the operation thereof.
4.3.11. Constructing improvements on Common Property and
easements as may be required to provide the services as authorized in this Article.
4.3.12. Employment of guards, maintenance of control centers for
the protection of persons and property within the Properties, installation, operation and
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ma i n tenance' of comm unication sys terns by the Association or a contractual designee of the
Association, and assistance in the apprehension and prosecution of persons who violate
the laws of Seminole County or the State of Florida within the Properties. However,
neither the Association, nor the Declarant shall be obligated to provide any security
measures to the Properties nor shall they be held liable for any loss or damage by reason
of failure to provide adequate security or ineffectiveness of security measures undertaken.
All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge that
the Association and the Declarant are not insurers and that each Owner, tenant, guest, and
invitee assumes all risk of loss or damage to persons, to Units and to the contents of Units
and further acknowledge that Declarant has made no representations or warranties, nor
has any Owner, tenant, guest, or invitee relied upon any representations or warranties,
express or implied, including any warranty of merchantability or fitness for any particular
purpose relative to any security measures recommended or undertaken.
4.3.13. The Association shall also provide exterior landscape maintenance for
the Lots within the Association pursuant to Article 10, Section 10.3 of this Declaration, and
may perform other maintenance upon other improvements located on the Lot that are not
part of the Unit to be maintained by the Association which, in the reasonable opinion of the
Board of Directors of the Association, requires such maintenance because said
improvements are being maintained in a manner inconsistent with the overall appearance
and standards prevailing within the Association. . The Association shall notify the Owner
of said improvements in writing, specifying the nature of the condition to be corrected, and
if the Owner has not corrected the condition .within fifteen (15) days after date of said
notice, the Association (after approval of a majority of the Board) may correct such
condition. Said maintenance shall include but not be limited to painting, repairs,
replacement and maintenance of roofs, gutters, down spouts, exterior building surfaces,
trees, shrubs, grass, walks and other exterior im provements. For the purpose of performing
the landscape maintenance authorized by this Article, the Association, through its duly
authorized agents or employees, shall have the right, after reasonable notice to the Owner,
to enter upon any Lot at reasonable hours on any day; provided, however, the Association
shall have the right of entry without notice if necessary to correct an emergency situation.
The cost of any maintenance performed on improvements, except those services described
in Article 10, Section 10.3 of this Declaration, shall be assessed against the Lot upon which
such maintenance is performed as a Special Assessment as provided in Article 6,
Section 6.7.
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4.3.14. Establish use fees and promulgate rules and regulations
respecting the use of Common Property and Association facilities by Members and persons
other than Members.
4.3.15. Engage in any activities reasonably necessary and legally
required to remove from the Common Maintenance Areas, Common Property, Surface
Water and Storm Water Management System and other open space any pollutants,
hazardous waste or toxic materials, and by Special Assessment, recover costs incurred from
the Owner(s) causing such condition or upon whose property such materials were located
or generated.
4.3.16. Accept conveyance of all Common Areas from the Declarant,
including all improvements, structures, equipment, apparatus or personal property
thereon, and cooperate with and assist Declarant, its agents, employees and contractors in
periodic inspection and maintenance thereof pursuant to Article 7.
The functions and services allowed in this Section to be carried out or offered by the
Association at any particular time shall be determined by the Board taking into
consideration proceeds of assessments and the needs of the Members of the Association.
The functions and services which the Association is authorized to carry out or to provide,
may be added to or reduced at any time upon the affirmative vote of a majority of the
Board; provided, however, the Board may not vote to reduce or abrogate the Association's
responsibility to maintain Common Maintenance Areas. The Association may provide the
permitted services by contract with third parties, including agreements with applicable
governmental agencies.
Section 4.4. Conveyance to Association. The Association shall be obligated to
accept any and all conveyances to it by Declarant of fee simple title, easements or leases to
open space, parks, lakes, recreation parcels, Surface Water and Storm Water Management
Systems or Common Property as set forth in Article 7.
Section 4.5. Conveyance by Association. The Association may conveyor dedicate
lands or easements that are part of the Common Properties owned by the Association to
Seminole County, the State of Flori~a, or ot"er governmental authority or agency. The
Association may also convey lands or easements that are part of the Common Properties
owned by the Association to the Declarant in connection with any replatting of any
portion of the Property.
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Section 4.6. Contracts with Other Associations. The Association is authorized to
enter into any contracts or easement arrangements with other associations that may
subsequently be formed for portions of the Parkstone property that are not annexed hereto
and made subject to this Declaration provided that such contracts or easements are
necessary or beneficial for the operation of the Association or the maintenance of the
Properties; provided that the costs or expenses of operating, performing, or maintaining
such contracts or easements shall be allocated between this Association and such other
associations in accordance with the cost incurred or benefit received by each association.
Any such contracts or easements shall be approved by the vote or written consent of a
majority of the Board of the Association.
Section 4.7. Security Services and Gatehouse. In the event that Declarant
constructs a gatehouse at the entrance to the Properties, the Association shall have the
right, but not the obligation to provide a security guard and! or other gate control
measures. The Board of Directors of the Associa tion shall determine the extent of security
services, if any, to be provided by the Association as partof its annual budgeted expenses.
No Owner shall have any claim or cause of action whatsoever against the Association or
the Declarant for the absence of security guards or other gate control measures at the
entrance to the Properties. The Association Board of Directors shall establish all rules and
regulations concerning gate operation and access, provided that the Association shall not
restrict access to the Properties by Declarant, its agents, em ployees, contractors, customers
or invitees at all reasonable hours. Any security gate or gatehouse erected by the Declarant
shall be dedicated to the Association, and shall be accepted by the Association pursuantto
Article 7 and maintained, repaired and replaced by the Association as part of the Common
Maintenance Area.
ARTICLE 5
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 5.1. Purpose of Maintenance Fund. The Board, for the benefit of the
Owners, shall provide and shall pay for o~t of the maintenance fund provided for in
Article 6 above the following:
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a. Taxes and assessments and other liens and encumbrances which shall
properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
b. Care and preservation of the Common Maintenance
Area, including without limitation, the Private Streets and drainage facilities.
c. The services of a professional person or management firm to manage
the Association or any separate portion thereof to the extent deemed advisable by
the Board, (provided that any contract for management of the Association shall be
terminable by the Association, with no penalty upon no more than ninety (90) days
prior written notice to the managing party) and the services of such other personnel
as the Board shall determine to be necessary or proper for the operation of the
Association, whether such personnel are employed directly by the Board or by the
manager.
d. Legal and accounting services.
e. A policy or policies of insurance insuring the Association against any
liability to the public or to the Owners (and/ or invitees or tenants) incident to the
operation of the Association in any amount or amounts as determined by the Board
of Directors, including a policy or policies of insurance as provided herein in Article
15.
f. Workers compensation insurance to the extent necessary to comply
with any applicable laws.
g. Such fidelity bonds as may be required by the Bylaws or as the Board
may determine to be advisable.
h. Any other materials, supplies, insurance, furniture, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes
or assessments assessed against an individual Owner) which the Board is required
to obtain or pay for pursuant to the terms of this Declaration or by law or which in
its opinion shall be necessary or proper for the enforcement of this Declaration.
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Section 5.2. Powers and Duties of Board. The Board, for the benefit of the Owners,
shall have the following general powers and duties, in addition to the specific powers and
duties provided for herein and in the Bylaws of the Association:
a. To execute all declarations of ownership for tax assessment purposes
with regard to the Common Areas, if any, on behalf of all Owners.
b. To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners if the Board sees fit.
c. To enter into contracts, maintain one or more bank accounts, and
generally to have all the power necessary or incidental to the operation and
management of the Association.
d. To protect or defend the Common Areas from loss or damage by suit
or otherwise and to provide adequate reserves for replacements.
e. To make reasonable rules and regulations for the operation of the
Common Maintenance Areas and to amend them from time to time; provided that,
any rule or regulation may be amended or repealed by an instrument in writing
signed by a majority of the Owners, or ~ith respect to a rule applicable to less than
all of the Common Areas, by the Owners in the portions affected.
f. To make availa ble for inspection by Owners after the end of each fiscal
year an annual report and to make all books and records of the Association
available for inspection by Owners at reasonable times and intervals.
g. To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property, and if proceeds are insufficient to repair damage
or replace lost property, to assess the Owners in proportionate amounts to cover the
deficiency.
h. To enforce the provisions of any rules made hereunder and to enjoin
and seek damages from any Owner for. violation of such provisions or rules.
i. To collect all assessments and enforce all penalties for non-payment
including the filing of liens and institution of legal proceedings.
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Section 5.3. Board Powers Exclusive. The Board shall have the exclusive right to
contract for all goods, services and insurance, payment of which is to be made from the
maintenance fund and the exclusive right and obligation to perform the functions of the
Board except as otherwise provided herein.
Section 5.4. Maintenance Contracts. The Board, on behalf of the Association, shall
have full power and authority to contract with any Owner or other person or entity for the
performance by the Association of services which the Board is not otherwise required to
perform pursuantto the terms hereof, such contracts to be upon such terms and conditions
and for such consideration as the Board may deem proper, advisable and in the best
interest of the Association.
ARTICLE 6
ASSESSMENTS
Section 6.1. Creation of the Lien and Personal Obligations of Assessments.
Declarant covenants, and each Owner of any Lot or Unit shall by acceptance of a deed
therefor, regardless of whether it shall be so expressed in any such deed or other
conveyance, be deemed to covenant and agr,ee to all the terms and provisions of this
Declaration and to pay the Association: (1) Annual Assessments, (2) Landscape
Maintenance Assessments, (3) Special Assessments and (4) an Initial Working Capital
Assessment, all fixed, established and collected from time to time as hereinafter provided,
The Annual Assessments, Landscape Maintenance Assessments, Special Assessments and
Initial Working Capital Assessment, together with such interest thereon and costs of
collection provided herein shall be a charge and continuing lien as provided herein on the
real property and improvements of the Owner against whom each such assessment is
made. Each such assessment, together with such interest thereon and cost of collection,
shall also be the personal obligation of the person who is the Owner of such real property
at the time when the assessment first becomes, due and payable. In the case of co-
ownership of a Unit or Lot, all of such co-owners shall be jointly and severally liable for the
entire amount of the assessment.
The liability for assessments may not be avoided by waiver of the use or enjoyment
of any Common Property or by the a~andonment of the property against which the
assessment was made. No diminution or abatement of assessment or set-off shall be
claimed or allowed by reason of any alleged failure of the Association or Board to take
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some action or perform some function required to be taken or performed by the
Association or Board under this Declaration. or the Bylaws, or for inconvenience or
discomfort arising from the making of repairs or improvements which are the
responsibility of the Association, or from any action taken to comply with any law,
ordinance, or with any order or directive of any municipal or other governmental
authority,
Section 6.2. Purpose of Assessments. The Annual Assessments levied by the
Association may be used for the improvement, maintenance, enhancement and operation
of the Common Maintenance Area, Surface Water and Storm Water Management Systems,
Common Property and public areas located in, on or about the Property to the extent that
deterioration of the public areas would adversely affect the appearance of the Property or
the operation of systems appurtenant to the Property, and further to provide services
which the Association is authorized or required to provide by contract or otherwise,
including, but not limited to, the payment of taxes and insurance thereon, construction,
repair or replacement of improvements, payment of the costs to acquire labor, equipment,
materials, management and supervision necessary to carry out its authorized functions,
and for the payment of principal, interest and any other charges connected with loans
made to or assumed by the Association for the purpose of enabling the Association to
perform its authorized or required functions. .The Landscape Maintenance Assessments
shall be used to pay for the landscape maintenance obligations of the Association. The
Initial Working Capital Assessments described in Section 6.8 of this Article 6 shall be
placed in escrow as explained in Section 6.8.
Section 6.3. Duty of the Board. It shall be the duty of the Board, at least thirty (30)
days in advance of each fiscal year of the Association, to establish the annual budget and
to fix the amount of the Annual Assessment and Landscape Maintenance Assessment
against each Lot or Unit for the coming fiscal year, and to prepare a roster of the Lots and
Units and assessments applicable thereto which shall be kept in the office of the
Association and shall be open to inspection by the Owner. Failure to fix the amount of the
Annual Assessment and Landscape Maintenance Assessment within the time period set
forth above will not preclude the Board from fixing the Annual Assessment and Landscape
Maintenance Assessment at a later date. In the event the Board fails for any reason to
determine the budget for any year, then and until such time as a budget shall have been
determined as provided herein, the budget in effect for the immediately preceding year
shall continue for the current year, and the Annual Assessment and Landscape
Maintenance Assessmentfor the immediately preceding year shall continue for the current
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year. Written notice of the Annual Assessment shall be sent to every Owner subject thereto
not later than seven (7) days after fixing the date of commencement thereof.
Section 6.4. Rate of Assessment. Annual Assessments shall be established by
dividing the total expenses of the Association by the total number of Lots or Units subject
to assessment to derive a uniform base assessment amount applicable to all Lots.
Landscape Maintenance Assessments shall be established by dividing the total Landscape
Maintenance Expenses of the Association by the total number of Lots or Units owned by
Class A Members to derive a uniform base assessment amount applicable to all Lots owned
by Class A Members adjusted as deemed appropriate to the Board on a lot-by-Iot basis to
account for material differences in the cost of maintenance of landscaping on individual
lots. Landscape Maintenance Assessments shall not apply to Units owned by the Declarant
or any Builder until such Units are occupied. Special Assessments for ca pi tal improvements
or expenses applicable to all Lots within the Properties shall be established in the same
manner; however, Special Assessments applicable to a particular Lot for expenses
attributable exclusively to such Lot shall be determined by dividing the applicable expense
by the number of Lots to which it applies. After such amounts have been determined, the
amounts due from the Class "B" and;}]ass lie' Members shall be adjusted according to the
following provisions. Declarant will have the,following option for each assessment year:
6.4.1. During the period in which Declarant has the status of the
Class B Member, all Lots and Units owned by Declarant, unless otherwise elected in
writing by Declarant, shall be assessed for the purposes of Annual Assessments and Special
Assessments at twenty-five percent (25%) of the rate of assessment applicable to units
owned by Class A Members, provided however, thatin the eventthatthe actual operating
expenses of the Association covered by the Annual Assessments during the year for which
the Declarant's Annual Assessment rate is 25% of the Class A Membership Annual
Assessment exceed the actual income of the Association derived from all Annual
Assessments imposed on all Members, De~larar.t shall reimburse the Association the
difference between its actual operating expenses (that would normally be covered by
Annual Assessments, but not those covered by :Landscape Maintenance Assessments) and
its actual Annual Assessment income for such year, save and except any portion of such
deficit attributable to delinquent Annual Assessments owed by Class A Members.
Payment of such reimbursement shall be,made by Declarant within 30 days after receipt
of the Association's annual statement of accounts. Notwithstanding the foregoing, the
Declarant shall have the right, but not the obligation, to reimburse the Association for
deficits attributable to delinquent Annual Assessments owed by Class A Members, and,
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in that event, the Association shall promptly institute collection proceedings, including
legal action if necessary, to recover such unpaid amount(s) from such Owner(s), and, upon
receipt of such recovery, the Association shall reimburse Declarant the amount(s) so
recovered up to the amount of any operating deficit funded by Declarant which arose from
such non-payment.
6.4.2. In the alternative, Declarant may elect by written notice to
the Board to pay the full Class A rate of Annual Assessment for each Unit owned by
Declarant within the Association and subject to Annual Assessments for any assessment
year without thereby waiving its Class B status or its right to elect to pay Annual
Assessments pursuant to Subsection 6.4.1 for any ensuing assessment years, and, in such
event, shall not be liable for the operating deficit of the Association as provided in
Subsection 6.4.1.
6.4.3. At such time as Class B status shall cease, all Lots and Units
owned by Declarant shall be assessed for Annual Assessments at the full Class A rate and
Declarant shall have no obligation to fund any operating deficit of the Association
thereafter. Landscape Maintenance Assessments shall not apply to Units owned by the
Declarant or any Builder until such Units are occupied.
Section 6.5. Builder Assessments. Lots or Units owned by Class C Members shall
be assessed for Annual Assessments at twenty-five percent (25%) of the Annual
Assessment rate fixed for Class A Units during the period of Class B membership. Upon
conversion of Class B membership to Class A, Class C shall also be converted to Class A,
and full Annual Assessments shall apply. Landscape Maintenance Assessments shall not
apply to Units owned by the Declarant or any Builder until such Units are occupied.
Section 6.6. Initial Maximum Annual Assessment; Increases in Maximum
Assessment; and Annual Assessment Rates.
6.6.1. Initial Maximum Annual Assessment and Maximum Landscape
Maintenance Assessment. Until January 1 of the year immediately following the
conveyance of the first Unit by the Decl,arant or a Builder to a Class A Member, the
maximum Annual Assessment per Unit imposed by the Association shall be $632,00, and
the maximum Landscape Maintenance Assessment shall be $1,200.00.
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6.6.2. Increases in Maximum Annual Assessment and Landscape
Maintenance Assessment - Without Consent of the Members. From and after such date,
the maximum Annual Assessment and Landscape Maintenance Assessment may be
increased each year by the Board without a vote of the Membership of the Association by
an amount not more than either (a) ten percent (10%) above the sum of (1) the maximum
Annual Assessment or Landscape Maintenance Assessment for the previous year, plus (2)
increases mandated by governmental agencies and/ or increased fixed costs incurred for
insurance, taxes, recycling, waste disposal, or to obtain services from utility companies,
plus (3) increases in the cost of providing the landscape maintenance services herein
described, or (b) the percentage increase, if any, in the current U.S. Government's
Consumer Price Index (Urban Price Index - All Urban Consumers), herein referred to as
the "CPI", over the CPI published for the preceding period, or other statistical index
providing similar information if the CPI ceases to be published, whichever amount, (a) or
(b), is greater.
6.6.3. Increases in Maximum Annual Assessment and Landscape
Maintenance Assessment - Requiring Consent of the Members. The maximum Annual
Assessment and Landscape Maintenance Assessment may not be increased above the
amount described in Subsection 6.6.2 above without the approval of a simple majority of
each class of Members who are either voting in person or by proxy, at a meeting of the
Association duly called for this purpose, or whose approval is evidenced by the written
consent of the majority of such Members.
6.6.4. Establishing the Annual Assessment and Landscape Maintenance
Assessment. The Board of Directors of the Association shall set the Annual Assessment
and Landscape Maintenance Assessment for each fiscal year at an amount not in excess of
the maxim urn allowa hie Annual Assessment and Landscape Maintenance Assessmentthen
in effect as established pursuant to Subsections 6.6.1,6.6.2 or 6.6.3 above. If the Board sets
the Annual Assessment or Landscape Mainten~nce Assessment at an amount which is less
than the allowable maximum Annual Assessment or maximum Landscape Maintenance
Assessment, the Board shall have the right to increase the Annual Assessment or the
Landscape Maintenance Assessment to any amount not greater than the allowable
maximum then in effect without the consent of the Members upon thirty (30) days written
notice. The election of the Board to set the Annual Assessment or Landscape Maintenance
Assessment at an amount less than the maximum shall not affect the calculation of the
maximum Annual Assessment or maximum Landscape Maintenance Assessment for
ensuing years pursuant to this Section 6.6.
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Section 6.7. Special Assessments. In addition to the Annual Assessments and
Landscape Maintenance Assessments authorized herein, the Association may levy in any
fiscal year a Special Assessment applicable to that fiscal year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair or
replacement of a capital im provementupon the Common Property, including fixtures and
personal property related thereto; provided, such assessment shall have the affirmative
vote or written consent, or combination thereof, at least a simple majority of the votes of
each class of Members as evidenced by the result of a vote taken by the Association. The
obligation to pay Special Assessments shall be computed on the same basis as for Annual
Assessments. Special Assessments shall be payable in such manner and at such times as
determined by the Board, and may be payable in installments extending beyond the fiscal
year in which the Special Assessment is approved, if the Board so determines.
The Association (by simple majority vote .of the Board) may also levy a Special
Assessment against any Mem ber to reim burse the Association for costs incurred pursuant
to Article 4, Section 4.3.13 and 4.3.15, in bringing a Member and his Unit or Lot into
com pliance with the provisions of the Declaration, any amendments thereto, the Articles,
the Bylaws, and the Association rules and regulations, or for the recovery of expenses
incurred pursuant to Section 6.14 of this Ar~cle 6, which Special Assessment may be levied
upon the vote of the Board after notice to the Member and an opportunity for a hearing.
Section 6.8. Initial Working Capital Assessment. There is hereby established an
assessment, herein referred to as the "Initial Working Capital Assessment", applicable to
each Lot or Unit owned by a Class A Member (except the Declarant if the Declarant shall
become a Class A Member) in the amount of $350;00 per Lot or Unit which shall become
due and payable by the Class A Owner of each Lot or Unit upon first occupancy of such
Lot or Unit as a place of residence by a Class A Member. For purposes of clarity, the Initial
Working Capital Assessment is a one-time assessment due at the closing at which the Lot
is conveyed to a Class A Member for the purpo:se of construction of a residential dwelling
by the Class A Member or any Builder, or at which the completed Unit is conveyed to a
Class A Member for use as a residence, whether occupied or not. No further Initial
Working Capital Assessment shall be due for any subsequent transfer of ownership of any
Unit from one Class A Member to a successor Class A Member. As long as the Declarant
retains its Class B membership status, all Initial W orking,Capital Assessments collected for
closings occurring during Declarant's Class B membership status shall be deposited in a
separate escrow account (herein referred to as the "Initial Working Capital Escrow
Account") and shall remain in such accou!1t, and shall not be used by the Association until
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the Declarant's Class B membership is converted to Class A. After Class B membership has
ceased, the Association shall have the right to use the funds in the Initial Working Capital
Escrow Account in any manner consistent' with the provisions of this Declaration, its
Articles of Incorporation and Bylaws, and shall have the right to close the Initial Working
Capital Escrow Account and deposit all future Initial Working Capital Assessments in its
general operating accounts.
Section 6.9. Notice and Quorum Requirements. Written notice of any proposed
action to be taken pursuant to Subsection 6.6.3 or Section 6.7 shall be delivered to each
Member at least 30 days in advance of (1) any meeting at which such matter is to be
discussed or (2) any action which is to be taken by written approval of the Members in lieu
of a meeting. The notice shall state the purpose of the meeting or proposed written
approval and shall contain a written description of tl).e of the proposed assessment. The
notice shall also contain a copy of a proxy ,that can be cast in lieu of attendance at the
meeting. If the Association has, or is planned to have, 250 Members or less - the quorum
for any such meeting shall be no less that:t ~O% of the total number of votes. If the
Association has, or is planned to have, more than 250 Members but less than 1000 Mem bers
- the quorum for any such meeting shall be no less than 10% of the total number of votes.
If the Association has, or is planned to have, more than 1000 Members - the quorum for
any such meeting shall be no less than 5% of the total number of votes. The foregoing
requirements are minimum requirements, however, more stringent requirements imposed
elsewhere in this Declaration, or pursuantto applicable laws or regulations shall supersede
the requirements contained in this Section and the Associa tion shall be bound by such more
restrictive requirements as if fully reproduced., herein.
Section 6.10. Date of Commencement of Amiual Assessments; Due Dates. The
Annual Assessments and Landscape Maintenance Assessments provided for herein shall
commence as to each Lot or Unit on the first day of the month next following the month
in which the Lot or Unit is subjected to the terms and conditions of this Declaration by
recordation of this Declaration or any Supplemental Declaration annexing Lots or Units
into the Association, or on the date the As~ociation Articles of Incorporation are filed with
the Secretary of State of Florida, whichever occurs later. The dates when such Annual
Assessments shall become due shall be established by duly adopted resolution of the
Board. The Annual Assessment and Landscape Maintenance Assessments shall be adjusted
according to the number of days remaining in the fiscal year at the time assessments
commence on the Unit. The Association may delegate to a mortgage company, financial
institution or management company responsibility for collection of assessments with the
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express written consent and agreement of such financial institution or management
company. The Annual Assessments and Landscape Maintenance Assessments shall be
payable in advance in monthly installments, or in annual, semi-annual or quarter-annual
installments if so determined by the Board of Directors of the Association (absent which
determination they shall be payable monthly).
Section 6.11. Records of Payment. The Board shall prepare a roster of Owners and
Annual Assessments, Landscape Maintenance Assessments and Special Assessments
applicable thereto which shall be kept in the office of the Association and shall be open to
inspection by any Owner at reasonable times with reasonable notice. Any Owner shall
have the right to request the Association to issue a written statement signed by an officer
of the Association, setting forth whether all Annual Assessments and/or Landscape
Maintenance Assessments Special Assessments owed by such Owner have been paid. The
Association shall have the right to impose alee for the issuance of such statements not to
exceed $50.00 per statement. Requests for sucr statements shall be in writing addressed
to the address to which Annual Assessm~nt~payments are made. Each request shall
contain the street address and legal description (by platted lot and block) of the property
and the full name of the Owner. The Association shall issue the requested statement within
30 days after receipt of the written request, subject to the payment of any fee for such
service imposed by the Association. Such written statement issued by the Association
shall be prima facie evidence of payment of any assessment therein stated to have been paid.
Section 6.12. Effect of Non-Payment of Assessment: The Personal Obligation of
the Owner; The Lien: Remedies of Association.
6.12.1. If any assessment (e.g. any Annual Assessment, Landscape
Maintenance Assessment, Special Ass,~ssmentor Initial Working Capital Assessment) is not
paid on the date due, then such assessment shall become delinquent and the entire
assessment shall, together with interestthereon and cost of collection thereof as hereinafter
provided, become due and payable and be a continuing lien on the property which shall
bind such property in the hands of the then Owner, the Owner's heirs, devisees, personal
representatives and assigns. The obligation of the Owner to pay such assessment is a
personal obligation and any assessments that are due but remain unpaid at the time the
Owner disposes of his or her ownership interest shall be enforceable by the Association
against such person or against such person's successor in interest to the property subject
to the assessment unless such successor in interest is a bona fide purchaser for value without
notice of the assessment, or acquires title to the property by foreclosure of a lien securing
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a purchase money mortgage or home equity mortgage, or by deed or conveyance in lieu
of foreclosure of such lien.
6.12.2. The Association may record a notice of lien for delinquent
assessments in the public records and foreclose the lien in the same manner as a mortgage.
The lien shall not be valid against subsequent bona fide purchasers or mortgagees for value
unless so recorded. Upon recording, the lien shall secure the amount of delinquency stated
therein and all unpaid assessments due thereafter until satisfied of record, together with
interest thereon, as provided herein, and the reasonable cost of (a) notices of delinquency,
(b) demands for payment, (c) notices of liens, (d) assignment of liens, (e) releases of liens,
(f) recording costs, (g) attorney's fees, and (h) management company fees.
6.12.3. If the assessment is not paid within thirty (30) days after the
due date it shall be deemed delinquent and shall bear interest from the da te of delinquency
at the rate of eighteen percent (18%) per annum. The Association may bring an action at
law against the Owner personally obligated to pay the same for collection of the amounts
due, or an action to foreclose the lien against the property. Suit to recover a money
judgment for delinquent amounts owed to the Association and attorney's fees and costs
shall be maintainable without foreclosing or waiving the lien securing the same. In the
event that the Association turns the account over to an attorney for collection, there shall
be added to the amount due the reasonable fees and charges of such attorney, including,
but not limited to, charges for issuing notice of legal action or demands for payment
negotiation and preparation of settlement ~gree.m.ents and/ or releases, costs of preparation
of legal action, court costs, filing fees and all other expenses incurred by the Association
for enforcement of its lien and/ or collection of amounts owed.
"
6.12.4. In the event that~the Association elects to foreclose its lien
against any Unit, the Association, acting on behalf of the Owners, shall have the power to
bid for the Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey
the same. During the period in which a Unit is owned by the Association following
foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be
assessed or levied on it; and (c) each other Unit shall be charged, in addition to its usual
assessment, its pro rata share of the assessment that would have been charged such Unit
had it not been acquired by the Association as a result of foreclosure.
Section 6.13. Subordination of the Lien to Mortgages; Mortgagees' Rights. The
lien of the assessments provided for herein is s~bordinate to the lien of any purchase
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money or home equity Mortgage given to an Institutional Lender now or hereafter placed
upon a Unit or Lot recorded prior to the recording of a notice of lien pursuant to Section
6.12 of this Article 6; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such property from liability for any assessments
thereafter becoming due, nor from the lien of any such subsequent assessment.
Each Owner hereby authorizes and instructs the Association that an Institutional
Lender holding a secured mortgage lien on a Unit, upon delivery of written request from
the Institutional Lender to the Association, shall be entitled to written notification from the
Association of any default of an Owner of any obligation hereunder which is not cured
within sixty (60) days. The Associ~tion may provide such notice without receiving a
request from the Institutional Lender without further notice to the Unit Owner, An
Institutional Lender holding a mortgage on a Unit may pay any past due assessment or
other obligation of the Unit Owner to the Association on behalf of such Owner, and, upon
request from the Institutional Lender, the Association shall assign its lien rights herein
established to such Institutional Lender.
An Institutional Lender may pay taxes or other charges which are in default and
which mayor have become a charge against any ,Common Property and may pay overdue
premiums on hazard insurance policies, or secure new hazard insurance coverage on the
lapse of a policy for such Common Property, and Institutional Lenders making such
payments shall be owed immediate reimbursement therefor from the Association.
Section 6.14. Damage to Common Property by Owners. Any maintenance, repairs
or replacements within the Common Property arising out of or caused by the willful or
negligent act of the Owner, his family, guests or invitees shall be done at said Owner's
expense or a Special Assessment therefor~ shall be made against his Lot or Unit.
Section 6.15. Exempt Property. The following property subject to this Declaration
shall be exempted from all assessments, charges and liens created herein: (a) all easements,
rights-of-way or other interest dedicated and accepted by the local public authority and
devoted to public use; and (b) all Common Property,
Section 6.16. Irrigation System Fees. Neither the Declarant nor the Association
shall have any obligation to install a common'master irrigation system to serve the
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Property, and nothing in this Section 6.1.6 or elsewhere in this Declaration shall create an
obligation for the Declarant or the Association to install such a common master irrigation
sytem, however, the Declarant and the Association desire to reserve the right to install such
a master irrigation system, and to collect fees for the use of such a system by the Members.
Therefore, in the event that either the Declarant or the Association installs the Irrigation
System described in Article 7, Section 7.1.1. hereof, the Association shall have the right to
charge a fee for Irrigation Water (hereinafter defined) used by the Owners, which fee shall
be in addition to, and separate from the Annual and Special Assessments described in this
Article 6. Such fee shall be established by the Board of Directors of the Association, and
shall be sufficient to cover the costto the Association of acquiring the Irrigation Water, plus
the cost of operation and maintenance of the Irrigation System, plus a reasonable reserve
for repair or replacement of the transmission lines, pipes, valves, pumps, controls, meters
and other distribution and delivery apparatus, ~quipmentorfixtures that supply Irrigation
Water to the Property, plus a minimum montWy reservation or access fee applicable to
those Owners who elect not to utilize the Irrigation System. The Board shall have the right
to set or adjust the Irrigation System Fees on a month-to-month basis provided that no
adjustment in the fee shall be effective until 30 days after written notice thereof has been
delivered to Owners of Lots or Units. The Association shall have the right to enter into
agreements with the other persons or entities owning adjacent lands to supply Irrigation
Water to the adjacent lands owned by such persons or entities, in which case, payment of
the Irrigation System Fees shall be made by such users in amounts not less than the
Irrigation System Fees charged by the Assoc~a~on to its Members. Irrigation System Fees
may be assessed at a flat rate without consideration of usage or they may be allocated
among the Owners in proportion to their actual usage, and the Association shall have the
right to employ methods of determining the ,allocation of such fees in a fair and equitable
manner, including, without limitation, instaHation of meters, timers, or other control
devices, or allocation on the basis of area coverage. The Association shall bear its own
share of the Irrigation System Fees attributable to its usage for irrigation of Common
Properties or Common Maintenance Areas, and shall pay its fair share of such fees from
its operating funds. Irrigation System Fees may be averaged throughout the calendar year
to ameliorate changes in the fee attributable to weather patterns or landscape needs. The
Association shall send statements to the Owners or users responsible for payment of the
Irrigation System Fees at such intervals as may be established by the Board, provided that
statements shall not be sent more often than monthly, or less often than annually. Payment
shall be due within 30 days after receipt of such statements. The Association shall have the
right to impose late payment fees and interest chC\rges on payments that are more than 30
days past due, which fees and charges shall be established by the Board and disclosed to
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the Owners and users responsible for payment. All amounts due hereunder shall be
secured by the right of the Association to im pose a lien against the property of an Owner
whose payment is delinquent as set forth in this Article 6.
ARTICLE 7
TITLE TO COMMON AREAS; ACCEPTANCE AND MAINTENANCE OF
COMMON PROPERTIES
Section 7.1. Construction and Ownership of Common Property Improvements.
It is anticipated that Declarant will designate certain portions of the Property to be
Common Property or Common Area (collectively referred to in this Article 7 as the
IICommon Properties II) that will be improved<;>r developed in phases in association with
the development and annexation of the additional property. Subject to the requirements
of the City of Winter Springs, as more fully described in Article 17, Declarant shall have the
absolute right and power to determine what improvements orfacilities, if any, it will install
or construct on the Common Properties at all times prior to conveying such Common
Properties to the Association, and within two (2) years thereafter. In accordance with its
agreement with the City of Winter Springs, Declarant will construct the improvements to
the park area described on page 6 of 30 of the approved engineering plans at the time it
obtains its one-hundredth building permit for homes constructed within the Properties,
provided however, that the Declarant shall have the right, without the consent or joinder
of the Associa tion or any Owner, to modify or amend its agreement with the City of Winter
Springs concerning the timing of construcqon of the park and the improvements to be
installed as more fully described in Article J7. All lands designated by the Declarant as
Common Properties shall be conveyed to, af,ld title shall be held by, the Association,
together with all improvements or facilities constructed or installed thereon. Apart from
the park, other Common Property improvements may be subject to agreements between
the Declarant and the City of Winter Springs, however, Declarant reserves the right to
amend or modify such agreements, subject to the consent of the City, and such
amendments or modifications may impact the obligation of the Declarant concerning
Common Property improvements. Further provisions affecting the obligations of the
Declarant are found in Article 17, Section 17.2: Except as required in compliance with its
agreements with the City of Winter Springs, which agreements may be amended from time
to time by mutual agreement of the City of Win~er. Springs and Declarant without the
consent or joinder of the Association or any. Owner, Declarant does not represent that it
will construct any improvements to. CommonProperties.
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Section 7.2. Acceptance of Common Properties. Within thirty (30) days after
receipt of written notice from the Declarant informing the Association that Declarant has
completed construction or installation of improvements upon any portion of Common
Properties, the President of the Association, or in the absence of the President, any Vice
President of the Association, together with a duly authorized representative of the
Declarant, shall conduct a thorough inspection of the improvements or facilities, and shall
report in writing any incomplete or defective conditions. The Association shall have the
right to engage the service of a professional engineer, or other qualified inspector, to assist
with the inspection and preparation of the written report. Upon completion or correction
of any incomplete or defective conditions by Declarant, and re-inspection and approval by
the President (or Vice President, as the case may be), or, in the event that the Declarant and
the representative of the Association disagree about the completion or correction of
allegedly incomplete or defective conditions, ,upon written certification of completion by
a licensed engineer or architect engaged by the Declarant, Declarant shall convey all of its
right, title and interest in and to the Common Properties in question, including the
im provements or facilities, to the Association free and clear of all liens, claims or expenses
arising from the construction or installation of improvements on the Common Properties
by Declarant, and the Association shall accept and acknowledge the deed of conveyance,
and/ or the certificate of completion, and shall thereafter own all right, title and interest in
the Common Properties and improvements or; facilities then conveyed.
Section 7.3. Maintenance of the Common Properties. The Association shall own,
operate and maintain all Common Prop~rties and the improvements or facilities
constructed or installed thereon in first class condition, subject to normal wear and tear,
depreciation, and the elements. Maintenance of the Common Properties shall include
periodic inspection and preventive maintenance for the improvements and facilities
thereon.
Section 7.4. Inspections of the Common Properties by Declarant. Declarant
hereby reserves the right, at all times after conveyance of the Common Properties to the
Association, to enter the Common Properties, ,without prior notice, and to inspect the
condition of the improvements and facilities thereon. If Declarant determines, in its sole
judgement, that the improvements or facilities are in need of repair or maintenance, it may
so notify the Association in writing, and it shall be the sole obligation of the Association
owning such Common Properties to promptly complete such repairs or maintenance.
Failure of the Association to properly maintain and repair the Common Properties shall
relieve the Declarant of any liability to the Association or to any Member for any condition
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of the Common Properties. Declarant shall have the right to make a record of its
inspections by photographing and! or videotaping the Common Properties, and shall have
the right to perform tests or examinations to determine the condition of the Common
Properties, provided that Declarant shall indemnify the Association from any claims for
personal injury, death, property damage or non-payment asserted by persons claiming by,
through or under the Declarant for injury, death or damage occurring as a result of such
examinations or tests. Notwithstanding the foregoing, Declarant shall have no obligation
to perform inspections of the Common Properties owned by the Association. The deeds
conveying the Common Properties to the Association may contain a recitation of this
reservation, however failure to recite such reservation in such deeds shall not affect the
rights of Declarant herein reserved.
Section 7.5. Maintenance and Repair Records. The Association shall keep records
of maintenance and repairs performed on, the Common Properties, and such records shall
be made available to the Declarant and to any Member upon written request. Failure of
the Association to maintain appropriate records of maintenance and repairs shall be
conclusive evidence that such maintenance and repairs were not performed.
Section 7.6. Operation, Maintenance and Monitoring of Drainage Facilities. The
Association shall maintain, as part of the common elements, drainage structures for the
properties and comply with conditions of the permits from the St. Johns River Water
Management District (" SJRWMD") and the City of Winter Springs for the drainage system.
The Association, shall, when requested by Declarant, accept transfer of the SJRWMD
permit identified as Number 4-117-0482A-ERP for the Parkstone property and shall be
designated as the "permittee" thereof. The conditions of the permits include monitoring
and record keeping schedules, and 'maintenance. The drainage facilities and
improvements, including without limitation, the retention! detention ponds, underground
pipes, inlets and outfall structures, if any, shall be collectively referred to herein as the
"Surface Water and Storm Water Management System". The following additional
conditions shall apply:
a. The Association shall hold and ,save the SJRWMD and the City of Winter
Springs harmless from any and all damages, claims, or liabilities which may arise
by reason of the operation, maintenance or use of any facility authorized by the
permit.
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b. The Association shall at all times properly operate and maintain the systems
of treabnent and control ( and related appurtenances) that are installed or used to
achieve compliance with conditions of the permit, as required by the SJRWMD or
the City of Winter Springs. This provision includes the operation of backup or
auxiliary facilities or similar systems when necessary to achieve compliance with the
conditions of the permit and when required by SJRWMD or the City of Winter
Springs rules.
c. The Association, specifically agrees to allow authorized SJRWMD or the City
of Winter Springs personnel,.upon presentation of credentials or other documents
as may be required by law, access to the Common Maintenance Area premises, at
all reasonable times, where the permitted activity is located or conducted; for the
purposes of inspection and testing to determine compliance with the permit and
SJRWMD or the City of Winter Springs regulations, such as:
1. Having access to and copying any records that must be kept under the
conditions of the permit; and
2. Inspecting the facility, equipment, practices, or operations regulated
or required under the permit; and
3. Sampling or mopitoring any substances or parameters at any location
reasonably necessary to assUl;e,compliance with the permit or 5JRWMD
rules; and
4. Gathering of data and information.
Reasonable time may depend on the nature of the concern being investigated.
d, Establishment and survival of littoral areas provided for storm water quality
treabnent in wet detention systems shall be assured by proper and continuing
maintenance procedures designed to promote viable wetlands plant growth of
natural diversity and character. Following as-built approval, perpetual maintenance
shall be provided for the permitted system.
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e. The Association shall submit inspection reports in the form required by
SJRMWD or the City of Winter Springs, in accordance with the following schedule
unless specified otherwise here or in permit application:
1. For systems utilizing effluent filtration or exfiltration, the inspection
shall be performed eighteen (18) months after operation is authorized and
every eighteen (18) months thereafter.
2. For systems utilizing retention and wet detention, the inspections shall
be performed two (2) years after operation is authorized and every two (2)
years thereafter.
f. It shall be the responsibility,c;:>f each Lot Owner within the subdivision at the
time of construction of a building, residence, or structure, to comply with the
construction plans for the surface water management system pursuant to Chapter
40D-4, F.A.C., approved and on file with the SJRWMD and the City of Winter
Springs.
g. It is the Lot Owner's responsibility not the remove native vegetation
(including cattails) that become established within the wet detention ponds abutting
their property. Removal includes dredging, the application of herbicide, and
cutting. Lot Owners should address any question regarding authorized
activities within any wet detention pond to SJRWMD, Surface Water Permitting
Department or the City of Winter Springs.
h. No Owner of a Lot within the subdivision may construct or maintain any
building, residence, or structure, or undertake or perform any activity in the
wetlands, buffer areas, and upland conservation areas described in the approved
permit and recorded Plat of the subdivision, unless prior approval is received from
the SJRWMD or the City of Winter Springs pursuant to Chapter 40D-4, F.A.C.
Section 7.7. Effect of Dissolution. In the event of the termination, dissolution or
final liquidation of the Association, the responsibility for the operation and maintenance
of the Surface Water and Storm Water Manag~ment System must be transferred to and
accepted by an entity which would comply with Section 40C-42.027, Florida Administrative
Code, and be approved by the SJRWMD or the City of Winter Springs prior to such
termination, dissolution or liquidation.
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Section 7.8. Special Amendments Relating to Surface Water and Storm Water
Management System. Any amendment to this Declaration which alters the Surface Water
and Storm Water Management System, beyond maintenance in its original condition,
including the water management portions of the Common Properties, must have the prior
written approval of the SJRWMD and the City of Winter Springs. This section may not be
amended without the consent of such District.
Section 7.9. Shared Facilities. It is expected that certain portions of the Surface
Water and Storm Water Management System will serve the drainage needs of adjacent
lands not owned by Declarant and not within the Properties subject to this Declaration.
Declarant reserves the right to grant such drainage and/ or use easements and rights as
Declarant may deem necessary or appropriate for accomplishing the drainage needs ofthe
Properties and/or lands owned by others provided that such agreements shall not
unreasonably interfere with the use of the system by the Owners.or unreasonably increase
the cost of maintenance of the system by the Association, and provided further, that such
uses are approved by the SJRWMD and/ or the City of Winter Springs if such approvals
are necessary.
Section 7.10. Water Levels in Retention Ponds; Flooding. The Surface Water and
Storm Water Management System is designed to provide drainage for the Properties.
Neither the Association nor the Declarantshall have any liability whatsoever to any Owner
for claims or damages alleged by an Owner due to water levels in the lakes and/or
retention ponds, if any, being below normal or otherwise unacceptable to the Owner.
Recreational use and aesthetic appearan~e of the retention ponds is secondary to their
intended drainage ftinction, and during periods of prolonged drought or other unusual
weather events water levels in the retention ponds may recede, and neither the Association
nor the Declarant shall have any liability for such conditions. Provided that the Surface
Water and Storm Water Management System is constructed in substantial compliance with
the plans and specifications therefor approved by the appropriate governmental
authorities, neither the Declarant, nor the Association nor any governmental authority shall
be liable to the Association or any Owner for. damag~ caused by flooding, and each Owner
acknowledges and agrees that as long as the, Declarant and the Association have acted in
good faith in reliance on reasonable engineering criteria approved by the governmental
authorities in the design and construction of the Surface Water and Storm Water
Management System, they shall not be liable for damages sustained by any Owner caused
by weather events not taken into consideration in the design or construction of such system
and facilities.
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Section 7.11. Common Irrigation System. Neither the Declarant nor the Association
shall have any obligation to install a common master irrigation system to serve the
Property, and nothing in this Section 7.11 or elsewhere in this Declaration shall create an
obligation for the Declarant or the Association to install such a common master irrigation
sytem, however, the Declarant and the Association desire to reserve the rightto install such
a master irrigation system, and to called fees for the use of such a system by the Members.
Therefore, the Declarant or the Association shall have the right, but not the obligation, to
'construct, install, operate and maintain a master irrigation system (herein referred to as the
"Irrigation System") for the delivery of Irrigation Water to the Property, together with the
right to modify, extend or improve the transmission lines, pipes, valves, pumps, controls,
meters and other distribution and delivery apparatus, equipment or fixtures that supply
Irrigation Water to the Property. If installed by Declarant, the Irrigation System shall be
subject to the provisions of this Article 7 regarding conveyance of Common Property to the
Association including the provisions concerning operation, maintenance, repair and
inspection.
7.11.1. The Irrigation System, if installed, shall include all transmission lines,
pipes, valves, pumps, controls, meters and other distribution and delivery apparatus,
equipment or fixtures that supply Irrigation Water located on the Common Property or
within an easement or right-of-way from the p,oint of connection of the Irrigation System
with the source of supply through the points .of delivery of Irrigation Water to its users.
7.11.2. If the Irrigation System is installed, the Owners shall be exclusively
responsible for installing and maintaining any irrigation systems on their Lots from the
point of attachment to the Irrigation System. If meters are installed, the point of
attachment to the Irrigation System shall be on the Owner's side of the meter. If meters are
not installed, the point of attachment to the Irrigation System shall be on the Owner's side
of a shut-off valve attaching the Owner's irrigation system to the Irrigation System. The
Association shall be responsible for leaks or malfunctions occurring within the Irrigation
System, and each Owner shall be responsible for leaks or malfunctions occurring on the
Owner's side of the point of attachment to tt'te Irrigation System.
7.11.3. If the Irrigation System is installed, the Declarant or the Association
shall have the right to determine the locations and services to be supplied by the Irrigation
System, and all Owners of Lots that are supplied with a point of attachment to the
Irrigation System shall be obligated to pay the Irrigation Fees established by the Board in
accordance with Article 6, whether such Owner elects to use Irrigation Water or not.
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Owners who elect not to use Irrigation Water shall be obligated to pay the reservation or
access fee, maintenance, operation and reserve cost portions of the Irrigation System Fees.
7.11.4. If the Irrigation System is installed, neither the Association, nor any
Owner shall install or operate any irrigation system, apparatus or device that does not
receive Irrigation Water from the Irrig~tion System. If the Irrigation System is installed,
water may not be drawn from any lake or retention pond for irrigation purposes unless
approved by the ACC, and approved by the City of Winter Springs and any other
Governmental Authority having jurisdiction of such matters as evidenced by the issuance
of a permit or other form of written authorization. Even if the City or other Governmental
Authority issues its approval of such use, the ACC may refuse to allow an Owner to install
or use pumps, lines or irrigation systems that draw water from lakes or other bodies of
water. No water wells shall be permitted on any Lot, Unit or Common Property, except
those wells belonging to the governmental authorities, if any, and wells installed by the
Declarant or its predecessors in title, or by the Association, which are for the purpose of
providing a source of Irrigation Water for tre Irrigation System. If the Association
provides irrigation services through an Irrigation System, no Owner may connect any
irrigation system on the Owner's property to any source except the Irrigation System
unless approved by the ACe.
7.11.5. If the Irrigation System is installed, the Association shall have the
rightto establish rules and regulations go~erning the usage of Irrigation Water, including
without limitation, restrictions on the amounts, times and frequency of use.
7.11.6. If the Irrigation System is installed, the Association shall have the
right to employ such personnel, machinery, equipment and vehicles as the Board of
Directors shall deem appropriate for the operation and maintenance of the Irrigation
System, and/ or to enter into agreements with contractors for the provision of such services.
7.11.7. If the Irrigation System is installed, the Association shall have the
right to enter into or assume the obligation of Declarant under any agreements authorized
by approval ofthe Board of Di rectors with su ppliers ofIrrigation Water. Water introd uced
into the Irrigation System shall be referred to as "Irrigation Water", and may be obtained
from wells existing on the Property or installed by Declarant or the Association or from
sources such as so-called lire-use water" or "gray water" suppliers, and is intended strictly
for irrigation use, and not for human consumption, drinking or bathing.
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Section 7.12. Condemnation. In the event of condemnation or a sale in lieu thereof
of all or any portion of the Common Areas, the funds payable with respect thereto shall be
payable to the Association and shall be used by the Association to purchase additional
Common Areas to replace that which has been condemned or to take whatever steps it
deems reasonably necessary to repair or correct any damage suffered as a result of the
condemnation. In the event thatthe Board of Directors of the Association determines that
the funds cannot be used in such a manner due to the lack of available land for additional
Common Areas or for whatever reason, any remaining funds may be distributed to the
Owners on a pro rata basis.
ARTICLE 8
ARCHITECTURAL REVIEW
Section 8.1. Architectural Control Committee. A committee to be known as the
Architectural Control Committee (the "ACC") shall be established consisting of three (3)
persons who need not be members of the Association.
a. The committee members qf the ACC shall be appointed, terminated
and/ or replaced by the Declarant. so long as there is Class B membership.
Thereafter the committee members of the ACC shall be appointed, terminated
and/ or replaced by the Board of Directors. The persons appointed to the ACC are
Greg LePera
Mike Kane
Dan Kaiser
b. The purpose of the ACCis to enforce the architectural standards ofthe
community and to approve or disapprove p~ans for im provements proposed for the
Lots.
c. The ACC shall act by' simple majority vote, and shall have the
authority to delegate its duties or to retain the services of a professional engineer,
architect, designer, inspector or other person to assist in the performance of its
duties.
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Section 8.2. Scope of Review. No building, fence, wall, outbuilding, landscaping,
pool, athletic facility or other structure or improvement shall be erected, altered, added
onto or repaired upon any portion of the Property without the prior written consent of the
ACC, provided however, that improvements erected, altered, added onto or repaired by
Declarant shall be exempt from the provisions of this Article 8.
Section 8.3. Submission of Plans. Prior to the initiation of construction upon any
Lot, the Owner thereof shall first submit to the ACC a complete set of plans and
specifications for the proposed improvements, including site plans, grading plans,
landscape plans, floor plans depicting room sizes and layouts, exterior elevations,
specifications of materials and exterior colors, and any other information deemed necessary
by the ACC for the performance of its function. In addition, the Owner shall submit the
identity of the individual or company intended to perform the work and projected
commencement and completion dates.
Section 8.4. Plan Review. Upon receipt by the ACC of all of the information
required by this Article 8, it shall have twenty-one (21) days in which to review said plans.
The proposed improvements will be approved if, in the sole opinion of the ACe: (1) the
improvements will be of an architectural style and material that are compatible with the
other structures in the Property; (2) the imp~ovements will not violate any restrictive
covenant or encroach upon any easement or cross platted building set back lines; (3) the
improvements will not result in the reduction in property value, use or enjoyment of any
of the Property; (4) the individual or company intended to perform the work is acceptable
to the ACC in the exercise of its reasonable discretion, provided however, that the right of
the ACC to consent to the individual or company selected to perform the work shall not
be used to require any Owner to retain the Declarant or its employees, agents, contractors
or affiliated companies or any Builder, nor shall such consent be deemed approval or
endorsement of the quality of work or p.erformance of the company or individual
performing such work; and (5) the improvements will be substantially completed,
including all cleanup, within three (3) months of the date of commencement [6 months for
the construction of a complete house]. In the event that the ACe fails to issue its written
approval within twenty-one (21) days ofits rec~iptofthe lastofthematerials or documents
required to complete the Owner's submission, the ACC's approval shall be deemed to have
been granted without further action.
Section 8.5. Non-conforming Stntctures. If there sha 11 be a material devia tion from
the approved plans in the completed improvements, such improvements shall be in
violation of this Article 8 to the same extent as if erected without prior approval of the
ACe. The ACC, the Association or any Owner may maintain an action at law or in equity
for the removal or correction of the non-conforming structure and, if successful, shall
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recover from the Owner in violation all costs, expenses and fees incurred in the prosecution
thereof. The ACC shall have the right to grant a waiver or variance excusing the Owner
of minor immaterial deviations from approved plans upon written requestfrom the Owner
accompanied by a complete set of plans or drawings depicting the deviation in sufficient
detail to enable the ACC to determine its materiality. The ACC shall have 90 days after
receipt of such a request for waiver or variance in which to inspect the structure or
im provement and render its opinion. If the ACC refuses to grant the requested waiver or
variance in writing within the 90-day period it will be deemed rejected. An Owner whose
request for a variance or waiver has been rejected, or deemed rejected, by the ACC shall
have 30 days after receipt of notice of rejection from the ACC (expiration of the 90-day
review period without approval, whichever shall apply) in which to either (1) correct the
violation, or (2) petition the Board of Directors in writing for reconsideration. Any such
petition for reconsideration shall be accompanied by complete copies of all approved plans
and plans or drawings of the deviation as submitted to the ACe. The Board of Directors
shall have 90 days after receipt of such a petition for reconsideration in which to overrule
or affirm the decision of the ACe. If the Board of Directors refuses to overrule the ACC
or fails to issue a written resolution overruling the ACC within the 90-day period, the
Owner's petition shall be deemed rejected, and the Owner shall correct the violation within
30 days thereafter. Notwithstanding the foregoing, neither the ACC nor the Board of
Directors has the right, power or authority to approve conditions that violate the
ordinances, codes or regulations of the City of Winter Springs or other Governmental
Authority.
Section 8.6. Immunity of ACC Members. No individual committee mem bel' of the
ACC shall have any personal liability to any Owner or any other person for the acts or
.)
omissions of the ACC if such acts or omissions were committed in good faith and without
malice. The Association shall defend any action brought against the ACC or any
committee member thereof arising from acts or omissions of the ACC committed in good
faith and without malice.
Section 8.7. Address for Notice. Requests for ACC approval or correspondence
with the ACC shall be addressed to the Parkstone Architectural Control Committee and
mailed or delivered to the principal office of Centex Homes at 385 Douglas Avenue, Suite
2000, Altamonte Springs, Florida, 32714, or such other address as may be designated from
time to time by the ACe. No correspondence or request for approval shall be deemed to
have been received until actually received by the ACC in form satisfactory to the ACe
ARTICLE 9
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EASEMENTS
Section 9.1. Utility Easements. As long as Class B membership shall be in effect,
the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the
benefit of Declarant or its designees, upon, across, over, through and under any portion of
the Common Area for ingress, egress, installation, replacement, repair, maintenance, use
and operation of all utility and service lines and service systems, public and private,
including, without limitation, cable television. Declarant, for itself and its designees,
reserves the right to retain title to any and all pipes, lines, cables or other improvements
installed on or in such easements. Upon cessation of Class B membership, the Association
shall have the right to grant the easements described herein.
Section 9.2. Declarant's Easement to Correct Drainage. Declarant hereby reserves
for the benefit of Declarant and any Builder a blanket easement on, over and under the
ground within the Property to maintain and correct drainage of surface waters and other
erosion controls in order to maintain reasonabl~ standards of health, safety and appearance
and shall be entitled to remove trees or vegetation, without liability for replacement o'r
damages, as may be necessary to provide adequate drainage for any Lot. Notwithstanding
the foregoing, nothing herein shall be interpreted to impose any duty upon Declarant or
any Builder to correct or maintain any drainage improvements within the Property.
Correction of drainage or erosion or removal of trees or vegetation by Declarant shall be
subject to compliance with the pennitting and approval requirements of the City of
Winter Springs, if any.
Section 9.3. THIS SECTION HAS BEEN INTENTIONALLY OMITTED.
Section 9.4. Right of Entry. The Association shall have the right, but not the
obligation, to enter any Unit for emergency,..security, and safety, which right may be
exercised by the Neighborhood Board, officers, agents, employees, managers, and all
policemen, firemen, ambulance personnel, and similar emergency personnel in the
performance of their respective duties. Except in an emergency situation, entry shall only
be during reasonable hours and after notice to the Owner. This right of entry shall include
the right of the Association to enter a Unit to cure any condition which may increase the
possibility of a fire or other hazard in the event an Qwner fails or refuses to cure the
condition upon request by the Neighborhood Board.
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Section 9.5. Drainage Easements. Easements for installation and maintenance of
utilities, storm water retention/ detention ponds, and/ or conservation areas are reserved
as may be shown on any recorded Plat. 'Within these easement areas, no structure,
landscaping or other material shall be placed ?r permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which may hinder or
change the direction of flow of drainage channels or slopes in the easements. The easement
area of each Lot and all im provements contained therein shall be maintained continuously
by the Owner of the Lot, except for those improvements for which a public authority,
utility company or the Association is responsible.
Section 9.6. Temporary Completion Easement. All Lots shall be subject to an
easement of ingress and egress for the benefit of the Declarant, its employees,
subcontractors, successors and assigns, over and upon the front, side and rear yards of the
Lots as may be expedient or necessary for tl1e corstruction, servicing and completion of
dwellings and landscaping upon adjacent Lots, provided that such easement shall
terminate 24 months after the date such Lot is conveyed to the Owner by the Declarant
Declarant shall repair and restore any damage to the Lot or Unit or other improvements
on the Lot caused by its use of the Lot for ingress and egress during completion of
construction of improvements on adjacen,t L?ts.
Section 9.7. Community Wall, Fence, Signage and Landscape Easement. An
easement is hereby created for the use and benefit of the Association and the Declarantfor
the erection and maintenance of a wall or fence, ard the installation of landscaping and the
erection of signs over, across and upon the area described in Exhibit "f11 attached hereto
and incorporated herein by reference (here,in referred to as the "Fence/Landscape
Easement"). The Declarant and/ or the Association shall have the right to install, erect,
construct, operate and maintain within such,Fence/Landscape Easement a fence or walt
sidewalks, paths, landscaping, irrigation systems, signs, lighting and other im provements,
subject to the requirements and limitations of ordinances or regulations of the
governmental authorities. All improvements permanently installed in such
Fence/Landscape Easement by Declarant or the Association shall be and remain the
property of the Association, and the Association shall operate and maintain all such
permanentim provements as part of the Common Maintenance Property of the Association
as a common expense. No Owner shall unreasonably inhibit access by the Association or
the Declarant for inspection or maintenance of the wall, fence or other improvements in the
Fence/Landscape Easement, and no Owner. shall erect or install any permanent
improvement within the Fence/Landscape Easement without the prior written consent
of the Declarant as long as the Declarant retai'ns C~ass "B" membership status, or by the
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Association thereafter, and such approval shall not be unreasonably withheld provided
that the proposed improvements are approved by the Architectural Control Committee,
and do not materially affect the use of the easement by the Association or Declarant. In
those areas where the Fence/Landscape Easement described herein affects easements for
utilities or drainage, this Fence/Landscape Easement, and the rights of the Declarant,
Association and Owners, as herein described, shall be subordinate to the easements for
utilities or drainage, and nothing set forth in this Section 9.7 shall limit or affect the rights
of the beneficiaries of easements for utilities or drainage, nor shall the Association, the
Declarant or any Owner, by virtue of this Section, have any right to erect any
improvement, temporary or permanent, within the Fence/Landscape Easement in
violation of the rights of the beneficiaries of utility or drainage easements. All
improvements installed in the Fence/Landscape Easement that are designed, constructed
and intended to remain indefinitely are deemed to be permanent improvements for the
purposes of this Fence/Landscape Easement Declarant's marketing signs and
paraphernalia intended to remain only as long as Declarant continues to market new
homes in the Properties, are not deemed to be permanent improvements, and shall be
erected, maintained and removed by Declarant at its sole expense, and shall not be or
become the property of the Association. , ;
Section 9.8. Service Easements. Declarant hereby grants to delivery,
pickup and fire protection services, police and other authorities of the law, United States
mail carriers, representatives of electrical, telephone, cable television and other utilities
servicing the Property, and to such other persons as Declarant from time to time may
designate, the nonexclusive right of ingress ,and egress over and across the Common
Property for the purposes of performing their services and investigations.
ARTICLE 10
USE AND OCCUPANCY
Section 10.1. Single Family Residential Use Only. All Lots and dwellings shall be
used and occupied for single family residence purposes only. No Lot or dwelling may be
used for commercial, institutional or other non-residentj~l purpose if such use involves the
attendance or entry of non-residents upon the Lot or otherwise diminishes the residential
character of the Lot or neighborhood. This prohibition shall not apply to "garage sales"
conducted with the prior written consent of the Board of Directors of the Association
provided that no Owner shall conduct more than one (1) garage sale of no more than two
(2) days duration during any six (6) month period or, the use of any Unit by Declarant or
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,<
any Builder as a model home or sales office, or the use of any Lot as a site for a construction
office trailer or sales office trailer by Declarant or any Builder. The living area of each Unit,
exclusive of garages, porches, patios and other areas not designed for human habitation,
shall be 1200 square feet or larger measured to the outside of the exterior walls.
Notwithstanding the foregoing, Owners are advised that garage sales are regulated by
ordinances of the City of Winter Springs, valid permits for garage sales must be obtained,
and the approval of the Board of Directors does not authorize any Owner to hold a garage
sale without first obtaining a valid permit. Likewise, no Owner holding a valid permit for
a garage sale issued by the City shall conduct such garage sale without also obtaining the
written consent of the Board of Directors as herein required. The Association will not be
liable to any Owner or to the City of Winter Springs for failure of an Owner to obtain the
proper permit before holding a garage sale.
Section 10.2. Rental of Units; Leases; Time Share. All rentals of Units by Owners
shall be documented by written leases, and a C9PY of each such lease shall be delivered by
the Owner to the Secretary of the Association showing, among other things, the address
of the Unit, the name(s) of the tenants, the date of commencement, and the term. No Unit
may be rented for a term of less than 30 days. No Unit may be used as a rooming house,
hostel or hotel. Time share ownership or occupancy of less than 30 consecutive days
duration are prohibited. No more than three (3) leases may be executed for any Unit
during any twelve (12) month period based on the date of commencement of the lease.
Rentals of less than 30 days duration or operation of a rooming house, hostel or hotel shall
be deemed to be commercial uses for the purposes of enforcement of this Declaration, and
are prohibited. No more than three (3) time share occupancies shall occur during any
twelve (12) month period, and each such occupancy shall be for a period of 30 days or
more, based on the first date of such occupancy. Written notice of time share ownership
shall be delivered to the Secretary of the Associ~tion prior to occupancy stating the address
of the Unit, the names of the time share owners and the schedule of occupancy.
Section 10.3. Common Maintenance. The Property has been established as a
community in which the Association provides certain exterior maintenance services for the
residents as part of its normal function in order to create a life-style for the Owners
providing freedom from the burden of such maintenance responsibilities. The expense of
such maintenance services is included in the Landscape Maintenance Assessments of the
Association. The responsibility for maintenance of the Units is described as follows.
10.3.1. Owners' Obligations. Each O""ner shall be exclusively responsible for
performance of all maintenance obligations for their Unit that is not specifically assumed
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by the Association pursuant to this Declaration, including, without limitation, repair and
replacement of all interior elements of the Unit, including but not limited to the roof, paint,
all garage doors, entry/exit doors, window screens, all glass surfaces and windows, all
swimming pools, pool equipment and machinery, swimming pool screen enclosures,
swimming pool decks, all planters and landscaping incorporated into swimming pool
decks or enclosures, or affixed to the Unit or any patio or extension of the Unit patios,
walkways and driveways, outbuildings or other improvements that are not specifically
described in this Section 10.3.
10.3.2. Alterations. Owners shall notmake any alterations or additions to any
Unit or Common Area, including any changes or alterations of landscaping, ground cover
or grass, without first obtaining the written consent of the ACC pursuant to Article 8.
Alterations or additions to Units that would affect the expense of the maintenance
obligation of the Association may be rejected for that reason alone, without consideration
of the aesthetics or benefits of the proposed alteration or addition.
10.3.3. Duty to Report. Owners shall promptly reportto the Association, any
condition of the landscaping of any Unit in need of maintenance or repair.
10.3.4. Liability for Actions. Each Owner shall be liable for the expense
incurred by the Association for any maintenance, repair or replacement of any real or
personal property made necessary by the act, neglect or carelessness of the Owner or the
Owner's tenants or any member of their families, or their guests, employees or agents
(normal wear and tear excepted) but only to the extent that such expense is not met by the
proceeds of insurance carried by the Association. Each Owner shall also be liable for any
personal injuries ca used by his negligent acts. of. those of his tenants or any mem ber of their
families, or their guests, employees or agents.,. Nothing herein contained, however, shall
be construed so as to modify any waiver by insurance companies of rights of subrogation.
10.3.5. Responsibilities of the Association. The Association shall be
responsible for the performance of the following services for the maintenance of the
landscaping of the Units as part of its Landscaping Maintenance Assessments:
(a) Applicable Areas. The Association shall perform the following
services only within the areas of the Lots that are between the street bordering the front of
the Lot and a line from each outside corner of the Unit on the Lot to the side boundaries
of the Lot, provided however, that for corner Lots, the Association shall also provide such
services for the area of the corner Lot between the street bordering the side of the Lot and
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the Unit constructed on the Lot except areas made inaccessible by fences or other approved
im provements. Each Owner shall be responsible for maintaining the la wn and landsca ping
located in areas of the Lot not maintained by the Association.
(b) Lawn Care. Mowing, trimming, edging of lawns, including
application of fertilizers, pesticides, herbicides, fungicides and other agents within areas
accessible to lawn care crews, and excluding planters, flower pots, rock gardens, or other
landscaping or plantings enclosed within pool enclosures or integrated into the Unit or any
patio or attachment to a Unit;
(c) Landscape Maintenance. Pruning, trimming, weeding, of trees,
shrubs and flower beds installed by the Association or the Declarant or Builder of the Unit
in accordance with landscape plans and spec~fi<;ations approved by the ACC, including the
application of pesticides, herbicides, fungicides and other agents.
10.3.6. Scheduling and Control. The Association shall have the exclusive right
to control the timing of the performance of the services described herein, including the
hours of the day and days of the week on which such services will be performed, as well
as the schedule of irrigation and application offertilizers, pesticides, herbicides, fungicides
and other agents. No Owner shall interfere with the performance of the services by the
Association or its contractors, agents or employees, or alter the schedule of irrigation
established by the Association.
10.3.7. Indemnification. The Association covenants and agrees that it will
indemnify and save harmless Declarant, all Builders and the members of the Board from
and against any and all claims, suits, actions; damages, and/ or causes of action arising
from any personal injury, loss oflife, andf or damage to property sustained in or about any
Unit within the Property, and from and against all costs, legal fees, expenses and liabilities
incurred in and about any such claim, the investigation thereof or the defense of any action
or proceeding brought thereon, and from and again~t any orders, judgments and/ or
decrees which may be entered therein. Included in the foregoing provisions of
indemnification are any expenses that Declarant may incur in bringing suit for the purpose
of compelling the specific enforcement of the provisions, conditions and covenants
contained in this Neighborhood Declaration to be kept and performed by the Association.
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10.3.8. Exculpation of Declarant and Builders. Neither the Declarantnor any
Builder shall have any obligation whatsoever for the performance of any service described
in this Declaration, or for the failure or refusal of the Association to perform such services.
10.3.9. Events of Force Majeure. Notwithstanding anything herein to the
contrary, neither the Association, nor its officers or directors, nor Declarant shall be liable
for any damages suffered by any Owner resulting from acts of God, natural disaster, bad
weather or other events or conditions beyond the control of the Association, including but
not limited to, damage or destruction of landscaping (including trees, shrubs and other
plants), or damage caused by wind blown debris. In the event of loss or damage to
landscaping on any Lot, the Owner of said Lotshall be exclusively responsible for payment
of all costs of restoration or replacement, and shall cause such damage to be completely
repaired wi thin six (6) months after the event. I~ flny Owner shall fail to repair such damage
within such time period, the Association shall have the right, but not the obligation, to
perform such restoration, repair or replacement, and the cost thereof shall be assessed
against the Lot as a Special Assessment. By acceptance of the deed to the Lot, each Owner,
for and on behalf of himself/herself and any insurer, hereby waives all rights of
subrogation againstthe Association, its officers and directors, and Declarant, for recovery
of costs expended by any such insurer for the restoration, repair or replacement of damage
to, or caused by, any landscaping (including trees, shrubs and other plant) or wind blown
debris.
ARTICLE 11
PROPERTY RIGHTS
Section 11.1. Owners' Easements of Enjoyment. Every Owner shall have a right
and easement in and to the Common Are~~ and a right and easement of ingress and egress
to, from and through said Common Areas, and such easement shall be appurtenant to and
shall pass with the title to every Lot subject to the following provisions:
a. The right of the Association to establish and publish rules and
regulations governing the use of the Common Areas affecting the welfare of
Association members.
b. The right of the Association to suspend the right of use of the
Common Areas of an Owner for any period during which any assessment against
his Lot remains unpaid; and for a period not to exceed sixty (60) days for any
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infraction of its published rules and regulations, provided however, that such right
to suspend the use of Common Property shall not include the right to suspend or
interfere with the use of the private streets owned by the Association for normal
ingress and egress to the Owner's Unit.
c. The right of the Association, subject to the provisions hereof, to
dedicate or transfer all or any part of the Common Areas, if any, to any public
agency, authority or utility for such purposes and subject to such conditions as may
be agreed to by the Owners. No such dedication or transfer shall be effective unless
an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of
each class of membership has been recorded agreeing to such dedication or transfer.
d. All easements herein described are easements appurtenant to and
running with the land; they shall at all times inure to the benefit of and be binding
upon the undersigned, all of their grantees, and their respective heirs, successors,
personal representatives and assigns, perpetually and in full force.
Section 11.2. Effect of Declaration. Reference in any deed, mortgage, trust deed
or any other recorded documents to the easements, restrictions and covenants herein
described or to this Declaration shall be sufficientto create and reserve such easements and
covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and
com pletely as if those easements, restrictions and covenants were fully related and setforth
in their entirety in said documents.
Section 11.3. Rezoning Prohibited. Np Lot shall be rezoned to any classification
allowing commercial, institutional or other non-residential use withoutthe express consent
of the Association and Declarant, which may be withheld in Declarant's sole discretion.
Declarant or the Association may enforce this covenant by obtaining an injunction against
any unapproved rezoning at the expense of the enjoined party. Notwithstanding the
foregoing, Owners are advised thatthe authority to rezone land is a governmental function
of the City of Winter Springs, and the Association has no power to rezone land. This
provision is contractual in nature, and all Owners agree that they will not apply for
rezoning by the City without the express "Yritten consent of the Declarant and the
Association.
ARTICLE 12
USE RESTRICTIONS
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Section 12.1. Nuisances. No noxious or offensive activity shall be carried on upon
any Lot nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
Section 12.2. Development Activity. Notwithstanding any other provision herein,
Declarant and its successors and assigns, including Builders, shall be entitled to conduct
on the Property all activities normally associated with and convenient to the development
of the Property and the construction and sale of dwelling units on the Property.
Section 12.3. Temporary Structures. No structure of a temporary character,
including, without limiting the generality thereof, any trailer, tent, shack, garage, barn,
motor home or mobile home or other outbuilding, and no prefabricated or relocated
structure shall be used on any Lot at any time as a residence, either temporarily or
permanently. This restriction shall not be interpreted to limit the right of Declarant or any
Builder to use trailers or outbuildings as sales offices, construction offices or material
storage facilities.
Section 12.4. Signs. No sign or emblem of any kind may be kept or placed upon
any Lot or mounted, painted or attached to any Unit fence or other improvement upon
such Lot so as to be visible from public view or mounted on any vehicle or trailer parked
or driven in the Property or carried by any person or by any other means displayed within
the Property except the following. In addition to the following restrictions, the City of
Winter Springs may impose additional requirements for permits, content, size or duration
of display of signs that may otherwise satisfy the requirements of this Declaration, and
nothing in this Declaration shall relieve the Declarant or any Owner from the obligation
to comply with applicable laws and ordinances.
a.
Address Signs. An Owner may display an address sign or marker in
the form and style first installed by the Declarant or Builder of the
Unit, or in such other form or style approved by the ACC pursuant to
Article 8.
b.
For Sale Signs. An Owner may erect one (1) sign not exceeding 2' x
3' in area, fastened only ~o a stake in the ground and extending not
more than three (3) feet al,)Ove the surface of the ground advertising
the property for sale. '
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c. Declarant's Signs. Signs may be erected by the Declarant or any
Builder.
d. Political Signs. Political signs may be erected upon a Lot by the
Owner of such Lot advocating the election of one or more political
candidates or the sponsorship of a political party, issue or proposal
provided that such signs shall not be erected more than ninety (90)
days in advance of the election to which they pertain and are removed
within fifteen (15) days after the election. See Article 17, Section 17.4
for additional information concerning political signs.
Section 12.5. Campers, Boats and Recreational Vehicles. No campers, boats, boat
trailers, recreational vehicles and other types of non-passenger vehicles, equipment,
implements or accessories may be kept on any Lot unless the same are fully enclosed
within the garage located on such Lot and/ or said vehicles and accessories are screened
from view by a screening structure or fencing approved by the ACC, and said vehicles and
accessories are in an operable condition. The ACC, as designated in this Declaration, shall
have the absolute authority to determine from time to time whether a vehicle and/ or
accessory is operable and adequately screened from public view. Upon an adverse
determination by said ACC, the vehicle and/ or accessory shall be removed and/ or
otherwise brought into com pliance with this paragraph. No dismantling or assem bling of
motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment shall
be permitted in any driveway or yard adjacent to a street. No commercial vehicle bearing
commercial insignia or names shall be park~d on any Lot except within an enclosed
structure or a screened area which prevents such view thereof from adjacent lots and
streets, unless such vehicle is temporarily parked for the purpose of serving such Lot.
Section 12.6. Pets, Livestock and Poultry. No animals, livestock or poultry of any
kind shall be raised, bred or kept on any Lot, except for cats, dogs or other generally
recognized household pets of a reasonable number, provided that they are not kept, bred,
or maintained for any commercial purpose; an,d provided further, than no more than two
(2) dogs and (2) cats may be kept on a singl~ Lot. All such animals shall be kept in strict
accordance with all local laws and ordinances (including leash laws) and in accordance
with all rules established by the Parkstone Community Association.
"
,
Section 12.7. Garbage and Refuse Disposal. No Lot shall be used or maintained
as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except
in sanitary containers. All equipment and containers for the storage or disposal of such
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~ I \
material shall be kept in a clean and sanitary condition. No cans, bags, containers or
receptacles for the storing or disposal of trash, garbage, refuse, rubble, or debris shall be
stored, kept, placed or maintained on any Lot where visible from any street except solely
on a day designated for removal of garbage and rubbish and on which days only, such
cans, bags, containers, and receptacles may be placed in front of a residence and beside a
street for removal but shall be removed from view before the following day.
Section 12.8. Sight Distance at Intersections. No fence, walt hedge or shrub
planting which obstructs sight lines at elevations between three (3) and ten (10) feet above
the roadways shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the street property lines and in a line connecting them at points
thirty-five (35) feet from the intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property lines extended. The same sight
line limitations shall apply on any Lot within ten (10) feet from the intersection of a street
property line with the edge of a driveway or alley pavement. No tree shall be permitted
to remain within such distances of such intersections unless the foliage line is maintained
at sufficient height to prevent obstruction of such sight lines.
Section 12.9. Parking. No vehicles, trailers, implements or apparatus may be
driven or parked in the Common Maintenance Areas or on any easement (except areas
intended for vehicular access) unless in use for maintaining such Common Maintenance
Areas.
Section 12.10. Commercial or Institutional Use. No Lot, and no building erected
or maintained on any Lot shall be ~~ed for manufacturing, industrial, business,
commerciat institutional or other non-residential purposes, exceptfor construction offices,
model homes and sales offices as set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association.
Section 12.11. Detached Buildings. No detached accessory buildings, including,
but not limited to, detached garages and stor~ge buildings, shall be erected, placed or
constructed upon any Lot without the prior consent of the ACe. Every outbuilding,
inclusive of such structures as a storage build~ng, greenhouse or children's playhouse shall
be compatible with the dwelling to which it is appurtenant in terms of its design and
material composition. In no instance shall an outbuilding exceed twelve (12) feetin height,
nor two hundred forty (240) square feet in size. No outbuilding shall be erected or
permitted to remain within five feet (5') of a side Lot boundary line, or within six feet (6')
of a rear Lot boundary line, and no outbuilding shall be permitted to encroach on any
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easement depicted on the Plat or created by this Declaration or other instrument of record.
In addition to the foregoing restrictions, the City of Winter Springs may impose additional
requirements concerning the location, size, number, use, construction or maintenance of
outbuildings, and nothing in this Declaration shall relieve any Owner from the obligation
to satisfy all applicable laws, ordinances and regulations of the City concerning such
outbuildings. Likewise, the ACC shall have the rightto refuse to approve any outbuilding
even if the City issues its approval for such outbuilding, and, in such cases, all Owners
shall abide by the decision of the ACC and shall not erect such outbuildings.
Section 12.12. Fences. No fence, wall or hedge shall be erected or maintained on
any Lot nearer to the street than the building setback lines for the front yard, except for
fences erected in conjunction with model homes or sales offices. Except as may be
necessary to maintain the sight distances required by Section 12.8, .side yard fences on
corner Lots must be erected inside the side street setback line of the Lot. All fences shall
be constructed of wood or masonry except for retaining walls installed by Declarant or
retaining walls or decorative walls approved by the ACe. All fences shall be of uniform
height except sales office or model home fences. No chain-link, metal cloth or agricultural .
fences may be built or maintained on any Lot. Unless otherwise agreed between Owners,
side and rear yard fences that separate adjacent lots shall be owned and maintained by the
Owner on whose Lot the fence exists, or if the location is indefinite, such fence will be
maintained by the Owners whose Lots are involved jointly with expenses being shared
equally.
Section 12.13. Landscaping. Decorative ground cover rock in the front and side
yard may not exceed ten (10) percent of the total area of the front and side yard. Lawns
must be properly maintained (not to exceed six (6) inches in height).
Section 12.14. Television and Radio Receiving Devices. No exterior radio or
television antenna, satellite dish, microwave antenna or other antenna or device for
sending or receiving television or radio signals may be erected or maintained on the
exterior of any Unit in the Properties in such a manner as to be visible to an observer from
the street in front of the Unit. Television and/ or radio receiving devices may be erected
on the exterior of a Unit in a location. that does not allow them to be visible to an observer
from the street in front of the Unit if such devices are approved for installation by the ACC,
provided however, that satellite receiving dishes in excess of 39 inches in diameter shall
be prohibited on all Lots. Notwithstanding the foregoing, the Board of Directors of the
Association shall have the authority to establish size limitations for television and radio
receiving devices that do not have a material effect upon the appearance of the Unit which
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devices may be approved for use in areas that are visible to an observer from the street if
advances in technology create devices that are unobtrusive and do not materially affect the
appearance of the Unit. By acceptance of a deed to a Unit within the Properties, each
Owner agrees thatthis restrictive covenant is a reasonable limitation on the Owners' ability
to receive television and/ or radio transmissions, and (1) does not unreasonably delay or
prevent installation, maintenance or use of television or radio receiving devices, (2) does
not unreasona bly increase the cost of install a tion, maintenance or use of television or radio
receiving devices, (3) does not preclude reception of an acceptable quality television or
radio signaC and (4) does not impose an unnecessary burden, expense or delay on any
Owner. Each Owner covenants with Declarant and every other Owner that the rights of
the Association and all other Owners of Units in the Properties in the protection of
property values and the architectural character and aesthetics ofthe Properties supersedes
and takes precedence over the interests of each individual Owner in the placement of
television and radio receiving devices, and that the limitations established in this
Declaration provide each Owner reasonable a1t~rnatives for receiving quality television
and radio signals without the necessity of erecting receiving devices in locations that are
visible to observers from the street in front of the Unit or otherwise materially affect the
appearance of the Unit. Therefore, each Owner agrees to be bound by this limitation and
waives the benefits of any contrary rule .or regulation promulgated by the Federal
Communications Commission or other goverI)lllental body or agency.
. .
Section 12.15. Exterior Finish. All exterior walls of all dwellings, garages and
approved accessory buildings shall be completely finished with wood, stucco, brick, stone,
paneling or other material acceptable to the ACe. No unpainted concrete block surfaces
shall be visible on any exterior wall. The first floor exterior walls of the main residence
building constructed on any Lot shall be composed of ~t least 100% masonry or masonry
veneer (including stucco), said percentage to apply to the aggregate area of all first floor
exterior walls, excluding windows, doors or other openings and gable ends. The minimum
masonry requirement specified shall apply to tl1e lower floor only for a two-story dwelling.
Masonry or masonry veneer includes stucco, ceramic tile, clay, brick, rock and all other
materials commonly referred to in the Seminole County, Florida area as masonry.
Notwithstanding the foregoing, the ACC is empowered to waive this restriction if, in its
sole discretion, such waiver is advisable in order to accommodate a unique or advanced
building concept, design, or materiat and the resulting structure will not detract from the
general appearance of the neighborhood.
Section 12.16. Chimneys. All fireplace flues shall be completely enclosed and
concealed from public view in finished chimneys of materials architecturally compatible
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with the principal finish material of the exterior walls of the dwelling or otherwise
approved by the ACe.
Section 12.17. Clothes Hanging Devices. Clothes hanging devices exterior to a
dwelling shall not exceed six (6) feet in height and. shall not be placed nearer to any street
abutting the Lot than the side yard setback line or the back of the Unit constructed on the
Lot. Clothes hanging devices shall be screened from public view by a fence approved by
the ACe. Such fence shall be erected by the Owner before any clothes hanging device is
erected.
Section 12.18. Window Treatment. No aluminum foit reflective film or similar
treatment shall be placed on windows or glass doors.
Section 12.19. Oil and Mining Operations; Hazardous Materials. No oil drilling,
oil development operations, oil refining, quarrying or mining operation of any kind shall
be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations,
or shafts be permitted upon any Lot. No derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. No
tank for the storage of oil or other fluids may ~e maintained on any of the Lots above the
surface of the ground. No hazardous, flammable or explosive materials shall be kept,
stored or disposed of on any Lot except household chemicals, cleansers, lubricants and the
like, which may be kept and used in conventional domestic applications and amounts in
accordance with applicable environmental laws and regulations. Notwithstanding
anything in this Section 12.19 to the contrary, the terms "tank" and "tank for the storage
of oil or other fluids" shall not be deemed to mean or include domestic propane/butane
gas storage cylinders typical for domestic us~, including but not limited to, heating
swimming pools and spas. The placement of such gas storage cylinders shall be subject to
approval by the ACC, and the Owner of the Lot on which such cylinder is placed shall
comply with all requirements of the Goveriunental Authorities, including obtaining all
required permits and observing all applicable safety and use requirements. Neither the
Association nor the Declarant nor any member of the Board of Directors or ACC shall have
any liability whatsoever for the condition or,location of any propane/butane cylinder
allowed pursuant to this Declaration.
Section 12.20. Mail Boxes. Mail boxes shall be erected and maintained upon areas
determined by the U.s. Postal Service in accordance with the current postal authority
standards and the approval of the ACe.
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Section 12.21. Garages. An enclosed gara.ge able to accommodate at least two (2)
automobiles must be constructed and maintained for each residence. The openings of such
garages must be situated within the setback lines set out herein. If the garage is detached
from the house, it shall be located entirely in the rear yard area and not less than five (5)
feet from any side or rear Lot line and in the case of corner Lots, not less than the distance
required for dwellings from side streets. Garages may be used as the Declarant's or
Builder's sales offices prior to permanent occupancy of the main structure, however, sales
offices must be converted to garages prior to permanent occupancy. Detached garages
may not exceed a height of eighteen feet (18') at the highest ridge point of the roof
measured from the existing ground unless prior written approval is obtained from the
Architectural Control Committee. With the exception of periods when garages are used
by the Builder as sales offices, all garages shall be maintained for the storage of
automobiles, and no garage may be enclosed o~ otherwise used for habitation.
Section 12.22. Roof. No exposed roof s~rfaces on any principal and/ or secondary
structures shall be of wood shingles or wood $hakes unless rated by the State Insurance
Board as meeting fire retardantstandards. The Architectural Control Committee shall have
the authority to approve roof treatments and materials when in its determination such
treatments and materials, in the form utilized will not be a detriment to the quality of the
nei ghborhood.
Section 12.23. Minimum Unit Size, Maximum Height and Setback Lines;
Maximum Area of Coverage. The living area of each residential Unit shall be no less than
1200 square feet in area, as set forth in Article 10, Section 10.1. No residential Unit shall
exceed thirty-five feet (35') in height measured from the top surface of the foundation to
the highest point of the roof. All buildings or other structures (except fences), permanent
or temporary, habitable or uninhabitable, must be constructed, placed and maintained in
, 0'
conformity with setback lines imposed herein. In no event shall any such building or other
structure be constructed, placed or maintained within five feet (5') of the side boundary of
a Lot (except for Lots bordering a side street, in which case the side street setback line shall
be fifteen feet (15')) or within twenty feet (20') of the rear boundary of a Lot. Front setback
lines for one story homes are hereby established at twenty feet (20'), and for two story
homes at twenty feet (20'). Detached garages and temporary structures shall be located
entirely in the rear yard area and not less .than five feet (5') from any side Lot line and in
the case of corner Lots, not less than the distance required for dwellings from side streets,
and not less the six feet (6') from any rear Lot line. The eaves, steps and porches of
buildings shall not be deemed to be a partof a building or structure for the purpose of this
covenant. Notwithstanding the foregoing, the ACC shall have the right and authority to
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approve variances from the setback requirements for reasonable cause or to alleviate a
hardship. The maximum residential impervious surface ratio per Lot for the principal
residential building and accessory buildings, i.e., the Unit and any outbuildings, shall be
65% of the total area encompassed by the Lot.
Section 12.24. Athletic and Recreational Facilities. Outdoor athletic and
recreational facilities such as basketball goals, swing sets and sport courts of either a
permanent or temporary nature shall not be placed on any Lot between the streetright-of-
way and the front of a Unit and must be approved by the Architectural Control Committee
pursuant to Article 8. Tennis court lighting and fencing shall be allowed only with the
approval of the ACe.
Section 12.25. Security. Neighborhood security patrols may be provided by
independent contractors through the Asspciation, from time to time; however the
Association is not responsible for security of the neighborhood or any Unit and the Owners
are exclusively responsible for security for their homes and property.
Section 12.26. Water and Sewage Systems. No individual water supply system or
sewage disposal system shall be permitted on any Lot, including but not limited to water
wells, cesspools or septic tanks.
Section 12.27. Exterior Holiday Decorations. Lights or decorations may be erected
on the exterior of Units in commemoration or celebration of publicly observed holidays
provided that such lights or decorations do not unreasonably disturb the peaceful
enjoyment of adjacent Owners by illuminating bedrooms, creating noise or attracting sight-
seers. All lights and decorations that are not permanent fixtures of the Unit which are part
of the original construction or have been properly approved as permanent improvements
by the ACC shall be removed within thirty (30) days after the holiday has ended.
Christmas decorations or lights may not be displayed prior to November 15th of any year.
For other holidays, decorations or lights may not be displayed more than two (2) weeks in
advance of the holiday. The Association shall have the right, upon thirty (30) days prior
written notice to enter upon any Lot and summarily remove exterior lights or decorations
displayed in violation of this provision. The Association, and the individ uals removing the
lights and decorations, shall not be liable to the Owner for trespass, conversion or damages
of any kind except intentional misdeeds and gross negligence.
Section 12.28. Solar Energy Devices. No Owner may erect or maintain solar
collector panels or other solar energy devices or equipment upon any Lot unless such
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apparatus is erected and maintained in such a way that it is screened from public view at
a point in the center of the public street right-of-way directly in front of the house erected
on such Lot; and no such apparatus shall be erected without the prior written consent of
the ACe.
Section 12.29. Upland Buffer and Conservation Area. Lots abutting the
Conservation Area (as indicated on the recorded Plats) adjacent to Lake Jesup are subject
to a 25 foot wide Upland Buffer (also as indicated on the recorded Plats). No im provements
are to be constructed or installed within the Upland Buffer or Conserva tion Easement and
no landscaping, planting, filling, excavation, grading, irrigation or other improvements or
disturbance shall be made within such Upland Buffer or Conservation Easement without
the prior written consent and approval oftheSJRWMD. In addition, according to the Land
Development Coordinator of the City of Winter Springs, the City's Comprehensive Plan
establishes requirements for "vegetative buffers" as follows: "The first is a minimum
twenty-five (25) foot vegetative buffer area upland from any wetlands area. The second
is a minimum fifty (50) foot vegetative buffer upland from the lake."
Section 12.30. Improvements Over Water. No docks, piers, boardwalks, launching
ramps, boathouses, bathhouses, beaches or other improvements or structures of any kind
may be constructed or installed on, over,or under the waters of Lake Jesup without the
prior written consent and approval of the SJRWMD and other agencies as may be required.
ARTICLE 13
PICKETING AND DEMONSTRATIONS
By acceptance of the deed to any L9t covered by this Declaration, the Owner
covenants and agrees with the Owners of all other Lots within the subdivision, that no
Owner or resident of any Lot shall engage in picketing, protest marches, sit-in
demonstrations, protest speeches or other forms of public protest, including without
limitation, displaying signs or placards within public view, upon any Lot or within any
Common Area, easement or street adjacent to any Lot, or affixed to any vehicle or
apparatus upon or adjacent to any Lot, street, easement or Common Area. This prohibition
shall not affect the right of any person to participate in any other form of public protest
conducted outside the area depicted on any recorded subdivision Plat. No Owner or
resident of any Lot shall engage in conduct that tends to vilify, ridicule, denigrate, or
impugn the character of any other Owner or resident if such conduct occurs on any Lot,
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'"
Common Area, easement or street depicted on the subdivision Plat. Each Owner, by
acceptance of the deed to any Lot, shall be deemed to have accepted the foregoing
prohibitions as reasonable limitations on his or her constitutional right of free speech and
to recognize and agree that all Owners have the right to the peaceful enjoyment of their
property; the right of privacy; the right to practice their own religion; the freedom of
association; the right to engage in a profession, business or life-style of their own choosing
provided that the cond uct of such profession, business or life-style is not illegal and does
not otherwise violate any provision of this Declaration.
ARTICLE 14
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Units
in the Properties. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
Section 14.1. Rights of Eligible Holders. An institutional holder, insurer, or
guarantor of a first Mortgage (herein referred to as an "Institutional Lender") that provides
a written request to the Association (such request to state (1) the name and address of such
holder, insurer, or guarantor; (2) the name of the Owner; (3) the address of the Unit; and
(4) the Lot and Block numbers and identification ofthe Unit, thereby becoming an "Eligible
Holder"), will be entitled to:
a. the right to inspect Association documents and records on the same.
terms as Members;
b. copies of all wri tten notices to the Unit Owner of ma terial amendments
to the Declaration, Articles of Incorporation or Bylaws of the Association when such
notices are required to be given to Owners pursuant to such documents;
c. copies of written noqces to the Unit Owner of extraordinary actions
to be taken by the Association when such notices are required to be given to Owners
pursuant to this Declaration or the Bylaws;
d. copies of written notices to the Unit Owner of (i) any property loss,
condemnation or eminent domain proceeding, affecting the Common Property resulting
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in losses greater than ten percent (10%) of the current annual budget, or (ii) any Unit
insured by the Association in which the Eligible Holder has an interest;
e. copies of written notices to the Unit Owner of any termination, lapse
or material modification of an insurance policy held by the Association;
f. written notice of any default by an Owner of a Unit subject to a
mortgage held by the Eligible Holder in paying assessments or charges to the Association
which remains uncured for sixty (60) consecutive days;
g. written notice of any proposal to terminate the Declaration or dissolve
the Association at least thirty (30) days before such action is taken;
h. the right of a majority of Eligible Holders (determined on the basis of
one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to
demand that the Association retain a professional management company; and
i. the right of a majority of Eligible Holders (determined on the basis of
one vote for each Unit standing as security for a mortgage held by the Eligible Holder) to
demand an audit of the Association's financial records.
Section 14.2. Voting Rights of Eligible Holders. For purposes of this Section, an
Eligible Holder of a Mortgage shall be entitled to one (1) vote for each first Mortgage
owned.
14.2.1. Unless at least two-thirds (2/3) of the Eligible Holders
consent the Association shall not
a. by act or omission abandon, partition, subdivide, encumber, selt or
transfer all or any portion of the real property comprising the Common Property which
the Association owns, directly or indirectly (The granting of easements for public utilities
or other similar purposes consistent with the intended use of the Common Property shall
not be deemed a transfer within the meaning of this subsection.);
b. change the method of determining the obligations, assessments, dues,
or other charges which may be levied against an Owner (A decision, including contracts,
by the Board or provisions of any supplemental declaration subsequently recorded on any
portion of the Properties regarding assessments for Lots to be annexed or other similar
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areas shall not be subject to this provision where such decision or su bsequent supplemental
declaration is otherwise authorized by this Declaration.);
c. by act or omission change, waive, or abandon any material aspect of
the scheme of regulations or enforcement thereof pertaining to the architectural design or
the exterior appearance and maintenance of Units and of the Common Property (The
issuance and amendment of architectural standards, procedures, rules and regulations, or
use restrictions shall not constitute a change, waiver, or abandonmentwithing the meaning
of this provision.);
d. fail to maintain insurance, as required by this Declaration; or
e. use hazard insurance proceeds for any Common Property losses for
other than the repair, replacement or reconstruction of such property.
14.2.2.
shall require:
Any election to terminate the legal status of the Association
a. the approval of at least fifty-one percent (51 %) of the Eligible Holders
if the election to terminate the legal status is the result of substantial destruction or a
substantial taking in condemnation of the Common Property; or
b. the approval of at least sixty-seven percent (67%) of the Eligible
Holders if the termination is sought for any other reason.
14.2.3. In the ,event a, portion of the Common Property is either
condemned or destroyed or damaged by a hazard that is insured against, restoration or
repair shall be performed substantially in accordance with the provisions of the
Declaration and the original plans and specifications for the project unless fifty-one (51 %)
of the Eligible Holders approve the taking of other action by the Association.
14.2.4. The affirmative vote fifty-one percent (51 %) of the Eligible
Holders shall be sufficientto require the Association to engage a professional management
company.
14.2.5. The affirmative vote fifty-one percent (51 %) of the Eligible
Holders shall be sufficient to require the Association to conduct an audit of its financial
records.
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Section 14.3. Voluntary Payments by Eligible Holders. Eligible Holders may,
jointly or singly, pay taxes or other charges which are in default and which mayor have
become a charge against the Common Property and may pay overdue premiums on
casualty insurance policies or secure new casualty insurance coverage upon the lapse of a
Association policy, and Eligible Holders making such payments shall be entitled to
immediate reimbursement from the Association.
Section 14.4. No Priority. No provision of this Declaration or the Bylaws gives or
shall be construed as giving any Owner or other party priority over any rights of the
Eligible Holder of any Unit in the case of distribution to such Owner of insurance proceeds
or condemnation awards for losses to or a taking of the Common Property.
Section 14.5. Notice to Association. Upon request, each Owner shall be obligated
to furnish to the Association the name and address of the Eligible Holder of any Mortgage
encumbering such Owner's Unit.
Section 14.6. Amendment by Board. Should the Federal Housing Administration,
Deparbnent of Veterans Affairs, Federal National Mortgage Association or the Federal
Home Loan Mortgage Corporation subsequently modify any of their respective
requirements which necessitate the provisions of this Article, the Board, without approval
of the Owners, may cause an amendment .to this Article to be recorded to reflect such
changes.
Section 14.7. Applicability of this Article. Nothing contained in this Article shall
be construed to reduce the percentage vote t~at must otherwise be obtained under the
Declaration, the Bylaws, or Florida corporate law for any of the acts set out in this Article.
Section 14.8. Failure of Eligible Holder to Respond. Any Eligible Holder who
receives a written request from the Board to respond to or consent to any action shall be
deemed to have approved such action if the Association does not receive a written
response from the Eligible Holder within thirty (30) days of the date of the Association's
request.
ARTICLE 15
INSURANCE AND CASUALTY LOSSES
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Section 15.1. Common Areas. The Association shall keep all improvements,
facilities and fixtures located within the Common Areas insured against loss or damage by
fire or other casualty for the full insurable replacement value thereof (with reasonable
deductibles and normal exclusions for land, foundations, excavation costs and similar
matters, and may obtain insurance against such other hazards and casualties as the Asso-
ciation may deem desirable. The Association may also insure any other property, whether
real or personal, owned by the Association, against loss or damage by fire and such other
hazards as the Association may deem desirable, with the Association as the owner and
beneficiary of such insurance for and on behalf of itself and all Members. The insurance
coverage with respect to the Common Areas shall be written in the name of, and the pro-
ceeds thereof shall be payable to, the Association. Insurance proceeds shall be used by the
Association for the repair or replacement of the property for which the insurance was
carried. Premiums for all insurance carried by the. Association are Common Expenses and
shall be included in the Association's annual1;JUdget and collected as part of the Annual
Assessment.
To the extent obtainable at reasonable rates, the insurance policy(ies)
maintained by the Association shall contain provisions, or be accompanied by
endorsements, for: agreed amount and inflation guard, demolition costs, contingent lia-
bility from operation of building laws and increased costs of construction.
All insurance policies shall contain standard mortgagee clauses, if applicable.
The Association shall also maintain, to the extent any insurable
improvements to Common Areas are within an "A" flood zone, flood insurance in an
amount equal to the lesser of 100% of the replacement costs of all insurable improvements
(if any) within the Common Areas or the maximum amount of coverage available under
the National Flood Insurance Program, whichever is less.
Section 15.2. Waiver of Subrogation. As to each policy of insurance maintained
by the Association which will not be voided or impaire~ thereby, the Association hereby
waives and releases all claims against the Board, the Members, Declarant and the agents
and em ployees of each of the foregoing, with respect to any loss covered by such insurance,
whether or not caused by negligence of or breach of any agreement by said persons, but
only to the extent that insurance proceeds are received in compensation for such loss.
Section 15.3. Liability and Other Insurance. The Associa tion shall have the power
to and shall obtain comprehensive public liabiFry insurance, including medical payments
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"
and malicious mischief, with coverage of at least $tOOO,OOO.OO (if available at reasonable
rates and upon reasonable terms) for any single occurrence, insuring against liability for
bodily injury, death and property damage arising from the activities of the Association or
with respect to property under its jurisdiction, including, if obtainable, a cross liability
endorsement insuring each Member against liability to each other Member and to the
Association and vice versa. The Association may also obtain Worker's Compensation
insurance and other liability insurance as it may deem desirable, insuring each Member
and the Association and its Board of Directors and officers, from liability in connection
with the Common Areas, the premiums for which shall be Common Expenses and
included in the assessments made against the Members. The Association may also obtain
such other insurance as the Board deems appropriate. All insurance policies shall be
reviewed at least annually by the Board of. Directors and the limits increased in its
discretion.
The Board may also obtain such errors and omissions insurance, indemnity
bonds, fidelity bonds and other insurance as it deems advisable, insuring the Board or any
management company engaged by the Association against any liability for any act or
omission in carrying out their obligations hereunder, or resulting from their membership
on the Board or any committee thereof. At a minimum, however, there shall be blanket
fidelity bonding of anyone (compensated or ~ot) who handles or is responsible for funds
held or administered by the Association, with the Association to be an obligee thereunder.
Such bonding shall cover the maximum funds to be in the hands of the Association or
management company during the time the bond is in force. In addition, the fidelity bond
coverage must at least equal the sum of three (3) months' of regular assessments, plus all
reserve funds.
Section 15.4. Damage and Destruction.
15.4.1. Immediately after damage or destruction by fire or other
casualty to all or any part of the Common Property covered by insurance written in the
name of the Association, the Board or its duly authorized agent shall proceed with the
filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
Properties. Repair or reconstruction, as used in this paragraph, means repairing or
restoring the Properties to substantially the same condition in which they existed prior to
the fire or other casualty, allowing.. for any changes or improvements necessitated by
changes in applicable building codes.
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15.4.2. In the event of damage or casualty loss to the improvements,
if any, erected on the Common Properties, which in the opinion of the Board of Directors,
should not be repaired or reconstructed, the Board shall deliver written notice thereof to
each Mem ber stating (1) the amount of the insurance proceeds to be paid to the Association
by the insurer as a result of the loss; (2) the estimated cost of repair or reconstruction; and
(3) a request that each Member deliver a written response voting for or against repair or
reconstruction within 30 days after receiving the Board's notice. Such notice shall be sent
to each Member within 60 days after the Board has received the settlement offer of the
insurer and the estimated cost of repair or reconstruction from a qualified contractor. The
Association shall make the repairs or reconstruct the improvements unless at least 75% of
the Members of each class of membership vote not to do so. No Eligible Holder shall have
the right to participate in the determination of whether the damage or destruction to the
Common Area shall be repaired or reconstructed; provided, however, this provision shall
not apply to construction Mortgagees, if any, providing construction financing for such
damaged Common Property.
15.4.3. In the event that it should be determined in the manner
described above thatthe damage or destruction to the Common Area shall not be repaired
or reconstructed and no alternative improvements are authorized by the Members, then
and in that event the affected portion of the Common Property shall be restored to its
natural state and maintained by the Association in a neat and attractive condition.
Section 15.5. Disbursement of Proceeds. If the damage or destruction for which
the proceeds of insurance policies are paid is to be repaired or reconstructed, the proceeds,
or such portion thereof as may be required for such purpose, shall be dis bursed in payment
of such repairs or reconstruction. Any proceeds remaining after defraying such costs of
repair or reconstruction to the Common Property shall be retained by and for the benefit
of the Association and placed in a capital improvements account. In the event no repair
or reconstruction is made, any proceeds remaining after making such settlement as is
necessary and appropriate with the affected Owner or Owners and their Eligible Holders
as their interests may appear, shall be retained by and for the benefit of the Association
and placed in a capital improvements account. This is a covenant for the benefit of any
Eligible Holder of a Unit and may be enforced by such Mortgagee.
Section 15.6. Repair and Reconstruction. If the damage or destruction to the
Common Area for which insurance proceeds ,are paid is to be repaired or reconstructed,
and such proceeds are not sufficient to defray the cost thereof, the Board shalt without the
necessity of a vote of the Members, levy a Special Assessment against all Owners on the
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same basis as provided for Annual Assessments. Additional assessments may be made in
like manner atanytime during or following the completion of any repair or reconstruction.
ARTICLE 16
GENERAL PROVISIONS
Section 16.1. Duration. The covenants, conditions and restrictions of this
Declaration shall run with and bind the Properties, and shall inure to the benefit of and be
enforceable by the Association, the Declarant and any Owner, their respective legal
representa tives, heirs, successors, and assigns, for a period of thirty (30) years from the date
this Declaration is recorded. Upon the expiration of said thirty (30) year period, this
Declaration shall be automatically renewed and extended for successive ten (10) year
periods. The number of ten (10) year renewal periods hereunder shall be unlimited with
this Declaration being automatically renewed and extended upon the expiration of each
ten (10) year renewal period for an additional ten (10) year period; provided, however, that
there shall be no renewal or extension of this Declaration if during the last year of the initial
thirty (30) year period, or during the last year of any subsequent ten (10) year renewal
period, Voting Members representing three-fourths (3/4) of the votes of the Association
vote in favor of terminating this Declaration at the end of its then current term.
Termination of this Declaration is deemed to be an "Extraordinary Action" subject to the
provisions of Section 16.2.
Written notice of any meeting at which such proposal to terminate this Declaration
is to be considered, setting forth the fact that such a proposal will be considered, shall be
given at least sixty (60) days in advance of said meeting. In the event that the Association
votes to terminate this Declaration, the President and Secretary of the Association shall
execute certificate which shall set forth the r~solution of termination adopted by the
Association, the date of the meeting of the Association at which such resolution was
adopted, the date that notice of such meeting was given, the total number of votes of
Mem bers of the Association, the total num ber of votes required to constitute a quorum at
a meeting of the Association, the total number of votes necessary to adopt a resolution
terminating this Declaration, the total num ber of votes cast in favor of such resolution, and
the total number of votes cast against such resolution.
Said certificate shall be recorded in the Public Records of Seminole County, Florida,
and may be relied upon for the correctness of the facts contained therein as they relate to
the termination of this Declaration. Termination of the Association shall not have the effect
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of terminating easements herein provided or granted prior to such termination, or
terminating contractual rights created prior to termination which from the context of the
contract were meant to survive termination.
Section 16.2. Material Amendments and Extraordinary Actions. The Association
may amend this Declaration in regard to the matters identified herein as IIMaterial
Amendments", or may undertake the actions herein listed as "Extraordinary Actions" only
in the following manner.
16.2.1. Material Amendments. The matters listed below are deemed
to be material to this Declaration, and any proposed amendment concerning such matters
shall be deemed to be a "Material Amendment":
a. the manner of determining the basis for assessments
or the administration of assessment liens;
b. any method of im posing or determining any charges
to be levied against individual Unit Owners;
c.
Common Area improvements;
reserves for maintenance, repair or replacement of
d.
maintenance obligations;
e.
allocation of rights to use Common Areas;
f. any scheme of regulation or enforcement of standards
for maintenance, architectural design or appearance of improvements on Units;
g. reduction of insurance requirements;
h. . restoratiqt:l or repair of Common Area improvements;
1. the addition, annexation or withdrawal of land to or
from the project;
J.
voting rights;
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k.
restrictions affecting leasing or sale of a Unit; or
I.
Mortgagees, or Eligible Holders.
any provision which is for the express benefit of
16.2.2. Extraordinary Actions. The matters listed below are deemed
to be extraordinary under this Declaration, and any proposed action concerning such
matters shall be deemed to be an "Extraordinary Action":
a. merging or consolidating the Association (other than
with another non-profit entity formed for purposes similar to the Association);
b. determining not to require professional management,
if that management has been required by the Association documents, a majority of Eligible
Holders or a majority vote of the Members;
c. expanding the Association to include land not
previously described as Undeveloped Parcel which increases the overall land area of the
project or number of Units by more than 10%;
d. abandoning, partitioning, encumbering, mortgaging,
conveying, selling or otherwise transferring or relocating the boundaries of the Common
Areas (except for (1) granting easements which are not inconsistent with, or which do not
interfere with the intended Common Area use; (2) dedicating Common Area as required
by a public authority; (3) limited boundary line adjustments made in accordance with the
provisions of this Declaration; or (4) transferring ,Common Area pursuant to a merger with
a non-profit entity formed for purposes similar to the Association);
e. using insurance proceeds for purposes other than
reconstruction or repair of insured improvements;
f. making capital expenditures (other than for repair or
replacement of existing improvements) during any period of 12 consecutive months
costing more than 20% of the annual operating budget for that period;
g. termination of the Declaration or other termination
of the planned unit development; or
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h. dissolution of the Association.
16.2.3. Notice Required for Material Amendment or Extraordinary
Action. Written notice of any proposed Material Amendment or Extraordinary Action
shall be delivered to each Member at least 30 days in advance of (1) any meeting at which
such matter is to be discussed or (2) any action which is to be taken by written approval
of the Members in lieu of a meeting. The notice shall state the purpose of the meeting or
proposed written approval and shall contain a summary of any Material Amendment or
Extraordinary Action to be considered. The notice shall also contain a copy of a proxy that
can be cast in lieu of attendance at the meeting. If the Association has, or is planned to
have, 250 Members or less - the quorum for any such meeting shall be no less than 20% of
the total number of votes. If the Association has, or is planned to have, more than 250
Members but less than 1000 Members - the quorum for any such meeting shall be no less
than 10% of the total number of votes. If the Association has, or is planned to have, more
than 1000 Members - the quorum for any such Ipeeting shall be no less than 5% of the total
number of votes. The foregoing requirements are minimum requirements, however, more
stringent requirements imposed elsewhere in this Declaration, or pursuant to applicable
laws or regulations shall supersede the requirements contained in this Section and the
Association shall be bound by such more restrictive requirements as if fully reproduced
herein.
16.2.4. Approval Required for Material Amendment or
Extraordinary Action. Material Amendments and Extraordinary Actions may be approved
by the Members, after receipt of notice as set forth above, either (1) by the affirmative vote
of at least 67% of the Class A Members (i.e. all Members except the Declarant and any
Builder who retain Class B or Class C status) who are present, in person or by proxy, and
voting at the meeting called as described in the notice at which a quorum is present and
the vote of the Declarant, or (2) by the written con$ent of at least 67% of all Class A
Mem bers and the Declara nt (if the Declarant then retains Class B status) to any action taken
in lieu of a meeting.
:',
16.2.5. Additional Approval Requirements. In addition to the
approval of the Members and the Declarant set forth above, the following conditions shall
apply:
a. Any Material Amendment or Extraordinary Action
that changes the rights of any specific class of Members (i.e. Class A; Class B; or Class C)
must also be approved either (1) by the affirmative vote of at least 51 % of the Members of
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such Class who are present, in person or by proxy, and voting at a meeting called as
described in the required notice at which a quorum of such Class of Members is present,
or (2) by the written consent of at least 51 % of all Members of such Class to any action
taken in lieu of a meeting.
b. Any Material Amendment or Extraordinary Action
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the Department of
Veterans Affairs ("V A") if any Unit within the Properties has been financed by a mortgage
insured by FHA or guaranteed by VA. The Association shall deliver written notice of the
proposed Material Amendment or Extraordinary Action to the FHA and VA
simultaneously with its notice to the Members. If the FHA or VA fails to deliver written
notice to the Association of its objection to the proposed Material Amendment or
Extraordinary Action within 30 days aft~r .r~ceipt of the notice, FHA and VA will be
deemed to have approved the matters contained in the notice, and the Association shall be
entitled to record an affidavit signed by an authorized officer averring that written notice
was delivered to the FHA and VA and no objection was timely received from such
agencies.
16.2.6. Notice of Material Amendment or Extraordinary Action.
Upon approval of a Material Amendment or Extraordinary Action, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Material Amendment or Extraordinary Action.
Section 16.3. Non-Material Amendments. The Association may amend this
Declaration in regard to all matters, except those identified in Section 16.2 as "Material
Amendments", in the following manner. '. .
16.3.1. Amendments by Members - Notice Required for Non-
Material Amendment. Written notice of any Non-Material Amendment proposed by the
Board of Directors of the Association shall be delivered to each Mem ber at least 30 days
in advance of (1.) any meeting at which such matter is to be discussed or (2) any action
which is to be taken by written approval of the Members in lieu of a meeting. The notice
shall state the purpose of the meeting or proposed written approval and shall contain a
summary of any Non-Material Amendmentto beconsidered. The notice shall also contain
a copy of a proxy that can be castin lieu of attendance at the meeting. If the Neighborhood
Association has, or is planned to have, 250 Members or less - the quorum for any such
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meeting shall be no less than 20% of the total number of votes. If the Association has, or
is planned to have, more than 250 Members .but less than 1000 Members - the quorum for
any such meeting shall be no less than 10% of the total number of votes. If the Association
has, or is planned to have, more than 1000 Members - the quorum for any such meeting
shall be no less than 5% of the total number of votes. The foregoing requirements are
minim um requirements, however, more stringent requirements im posed elsewhere in this
Declaration, or pursuantto applicable laws or regulations shall supersede the requirements
contained in this Section and the Association shall be bound by such more restrictive
requirements as if fully reproduced herein.
16.3.2. Approval Required for Non-Material Amendment by
Members. Non-Material Amendments proposed by the Board of Directors pursuant to
Subsection 16.3.1 may be approved by the.M~mbers, after receipt of notice as set forth
above, either (1) by the affirmative vote of at least 51 % of the Class A Members (i.e. all
Members except the Declarant and any Builder who retain Class B or Class C status) who
are present, in person or by proxy, and voting at the meeting called as described in the
notice at which a quorum is present, and the yote of the Declarant or (2) by the written
consent of at least 51 % of all Class A Mem bers and the Declarant (if the Declarant then
retains Class B status) to any action taken in lieu of a meeting.
16.3.3. Amendments by Declarant Without Consent by Members.
During the period in which the Declarant retains the status of the Class "B" Member,
Declarant shall have the right to amend this Dec.laration, without the necessity of consent
or joinder by Owners or any other persons or entities, to make nonsubstantial changes that
do not materially or adversely affect the interests of other Owners or other affected parties,
and to clarify any ambiguities or conflicts, or correct any scriveners' errors in this
Declaration. No approval by the Association or by any Member shall be required for
Declarant to amend this Declaration pursuant to this Subsection 16.3.3. Declarant agrees
to provide copies of any such amendments to the City Commission of the City of Winter
Springs for its review.
16.3.4. Notice of Non-Material Amendment. Upon approval of a
Non-Material Amendment by the Members pursuant to Subsection 16.3.2, or delivery of
notice of amendment by Declarant pursuant to Subsection 16.3.3, the Association shall
record appropriate written notice thereof in the Public Records of Seminole County,
Florida, and take all such further action as may be prudent or necessary to implement and
carry out the Non-Material Amendment.
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Section 16.4. Assignment of Rights and Duties. Any and all of the rights, powers
and reservations of the Association and Declarant may be assigned to any person,
corporation or association which will assume the duties of the Association or Declarant
pertaining to the particular rights, powers and reservations assigned. Upon such assignee
evidencing its consent in writing to accept such assignment and assume such duties, he or
it shall to the extent of such assignment have the same rights and powers and be subject
to the same obligations and duties as are herein given to and assumed by the Association
or Declarant. Further, the Association or Declarant may from time to time delegate any
and all of its rights, powers, discretion and duties hereunder to such agent or agents as it
may nominate.
Section 16.5. Municipal Service Taxing Units. In order to perform the services
contemplated by this Declaration, the Asso<;iation or Declarant, in conjunction with
Seminole County, Florida and the City of Winter Springs, may seek the formation of
special purpose municipal service"taxing units (" MSTUs"). The MSTUs will have
responsibilities defined in theirenablingresoluvons which may include, but are not limited
to, maintaining roadway informational signs, traffic control signs, benches, trash
receptacles and other street furniture, keeping all public roadways and roadside pedestrian
easements clean of windblown trash and debris, mowing, payment of electrical charges,
maintenance of drainage canals, ponds and structures, maintenance of designated
landscape areas, payment of energy charges for street and pedestrian lighting, and other
services benefitting the Properties. In the event such MSTUs are formed, the Properties
will be subject to assessment for the cost of services performed within the MSTU and
personnel working for or under contract with Seminole County shall have the rightto enter
upon lands within the Properties to affeCt the services contemplated. Each Owner by
acquiring lands within the Properties agre~s 'to p,ay each and every MSTU assessment
imposed upon the Owner's land in a timely manner, failing which such assessments and
special charges shall be a lien upon those la~ds. The Association retains the right to
contract with Seminole County to provide th~ services funded by the MSTUs. Services
performed by an MSTU that would otherwise be performed by the Association and for
which the MSTU imposes assessments,. on the Owners shall be removed from the
Association's budget and the Board shall reduce the Annual Maintenance Assessment
accordingly.
Section 16.6. Enforcement. Enforcem~nt of these covenants, conditions and
restrictions shall be by any proceeding at la,w or in equity and may be instituted by
Declarant, its successors or assigns, the Association, its successors or assigns, or any Owner
against any person or persons violating or attempting to violate or circumvent any
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covenant, condition or restriction, either to restrain violation or to recover damages, and
to enforce any lien created by these covenants; and failure by the Association or any Owner
or Declarant to enforce any covenant, condition or restriction herein contained for any
period of time shall in no event be deemed a waiver or estoppel of the right to enforce same
thereafter. Further, the Association shall have the right of self help to cure any violations
that remain uncured after any required notice is given. If the Association elects to
commence enforcement proceedings after delivery of notice thereof to any Owner in
violation hereof, and incurs any expenses in the commencement of such proceedings, the
Association shall prosecute such enforcement proceedings to conclusion notwithstanding
subsequent voluntary com pliance by the Owner until the Association shall have recovered
its expenses from such Owner.
Section 16.7. Severability. Should any co,venant condition or restriction herein
contained, or any Article, Section, subsection, sentence, clause, phrase or term of this
Declaration be declared to be void, invalid, illegat or unenforcea ble, for any reason, by the
adjudication of any court or other tribunal having jurisdiction over the parties hereto and
the subject matter hereot such judgment shall in no way affect the other provisions hereof
which are hereby declared to be severable and which shall remain in full force and effect.
Section 16.8. Interpretation. The Board shall have the right except as limited by any
other provisions of this lDeclaration or the Bylaws to determine all questions arising in
connection with this Declaration and to construe, and interpret its provisions, and its good
faith, determination, construction or interpretation shall be final and binding. In all cases,
the provisions of this Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the maintenance of Common Areas and the facilities located
thereon.
Section 16.9. Disposition of Common' Property on Termination of Declaration.
Should the Members of the Association vote not to renew and extend this Declaration as
provided for herein, all Common Property owned by the Association at such time shall be
transferred to another association or appropriate public agency having similar purposes.
If no other association or agency will accept such property then it will be conveyed to a
Trustee appointed by the Circuit Court of Seminole Co~nty, Florida, which Trustee shall
sell the Common Property free and clear of the limitations imposed hereby upon terms
established by the Circuit Court of Seminole County, Florida. That portion of the Open
Space or Common Property consisting of the S~rface Water and Storm Water Management
System cannot be altered, changed or sold separate from the lands it serves except that
Declarant shall be obligated to and shall convey that portion of the Open Space consisting
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of the Surface Water and Storm Water Management System to the Association upon
completion and approval of such system by all applicable governmental authorities. The
proceeds of such a sale shall first be used for the payment of any debts or obligations
constituting a lien on the Common Property, then for the payment of any obligations
incurred by the Trustee in the operation, maintenance, repair and upkeep of the Common
Property. The excess of proceeds, if any, from Common Property shall be distributed
among Owners in a proportion which is equal to the proportionate share of such Owners
in Common Expenses.
Section 16.10. Execution of Documents. The approved plan for the development
of the Properties may require from time to time the execution of certain documents
required by governmental authorities. To the extent that said documents require the
joinder of Owners, Declarant by its duly a,uthorlzed officers may, as the agent or the
attorney-in-fact for the Owners, execute, ackno~ledge and deliver such documents and the
Owners, by virtue of their acceptance of deeds, irrevocably nominate, constitute and
appoint Declarant, through its duly authorized officers, as their proper and legal attorneys-
in-fact for such purpose. Said appointment is coupled with an interest and is therefore
irrevocable. Any such documents executed pursuant to this Section shall recite that it is
made pursuant to this Section.
Section 16.11. Indemnification. The Association shall indemnify every officer,
director, and committee member against any and all expenses, including counsel fees,
reasonably incurred by or imposed upon such officer, director or committee member in
connection with any action, suit, or other proceediI)g (including settlement of any suit or
proceeding, if approved by the then Board) to which he or she may be a party by reason
of being or having been an officer, director, or committee member. The officers, directors,
and committee members shall not be liable for any mistake of judgment negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct,
or bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be Members of the
Association), and the Association shall indemnify and forever hold each such officer and
director free and harmless against any and all liability to others on account of any such
contract or commitment. Any right to indemnification provided for herein shall not be
exclusive of any other rights to which any officer, director, or committee member, or
former officer, director, or committee member' may be entitled. The Association shalt as
a Common Expense, maintain adequate general liability and officers' and directors'liability
insurance to fund this obligation, if such insurance is reasonably available.
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"
Section 16.12. Prohibited Actions. Notwithstanding anything contained herein to
the contrary, the Association will perform no 'act nor undertake any activity which will
violate its non-profit status under applicable state or federal law.
Section 16.13. Singular, Plural and Gender. Whenever the context so permits, the
use of the singular shall include the plural and the plural shall include the singular, and the
use of any gender shall be deemed to include all genders.
Section 16.14. Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation of the
Property .
Section 16.15. Conflicts. ,In the event of conflict between the terms of this
Declaration and any Bylaws, rules, regulations or Articles of Incorporation of the
Association, this Declaration shall control.
Section 16.16. Partial Invalidity. The invalidation of anyone of these covenants by
judgment or court order shall in no way affect any of the other provisions, which shall
remain in full force and effect.
ARTICLE 17
PROVISIONS FOR THE BENEFIT OF THE CITY OF WINTER SPRINGS
The following provisions have been required by the City of Winter Springs as a
condition of approval of the Plat. .
Section 17.1. Rights of City of Winter Springs; Violations of Statutes, Laws,
Ordinances, Codes and Regulations. Q,eclarant hereby authorizes the City of Winter
Springs to enforce the provisions of Article 7, Sections 7.1,7.6,7.7,7.8,7.9 and Subsection
7.11.4; Article 9, Sections 9.2 and 9.8; Article 10, Sections 10.1 and 10.2; Article 11, Section
11..3; all of Article 12; all of Article 13; and all ofthis Article 17, as a third party beneficiary
of such provisions. Notwithstanding any covenant, condition, easement or restriction
established herein to the contrary, all Owners shall comply with all applicable laws,
statutes, ordinances, regulations and codes affecting the Lots, and no Owner shall have the
right to violate any applicable law, statute, ordinance, regulation or code.
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Section 17.2. Declarant's Obligation to Comply with City Requirements.
Notwithstanding anything contained in Article 7, Section 7.1; Article II, Section 11.3;
Article 12, Sections 12.4, 12.29 and 12.30, or elsewhere herein to the contrary, the Declarant
or its successors or assigns who assume responsibility for development of the Property,
shall comply with the conditions for development established by the City of Winter
Springs, including, but not limited to, creation of all landscape buffers, vegetative buffers
and Common Area improvements required by the City, and compliance with all zoning
ordinances and sign ordinances. These matters, and others, are governed by ordinances,
codes or regulations of the Governmental Authorities having jurisdiction of the Property,
or are contractual between the Declarant and the City, and this provision does not (1)
constitute any warranty or representation by the Declarant to any Owner or to the
Association, (2) make the Association or any Owner a third party beneficiary of any
commitments or agreements between the City and Declarant (3) create any private right
of enforcement for the benefit of the Association or any Owner, or (4) otherwise amend,
modify or affect any applicable agreement, order, ordinance, code or regulation.
Complaints by Owners or by the Association alleging violations of City ordinances, codes,
requirements or regulations shall be addressed to the City of Winter Springs or other
appropriate Governmental Authority, and shall not be presented to the Board of Directors.
Unless the lands involved are Common Property that has been conveyed to the Association
by the Declarant pursuant to this Declaration, the Association shall not intervene in any
dispute involving the City and the Declarant concerning development of the Property or
compliance with City ordinances, codes, regulations or agreements to which the
Association is not a party.
Section 17.3. Owners' Obligation, to Comply with City Requirements.
Notwithstanding anything contained in Article 10, Section 10.1.; Article 1.1, Section 11.3; or
Article 12, Sections 12.1 through 12.30, or elsewhere herein to the contrary, all Owners
shall comply with the ordinances, codes and regulations of the City of Winter Springs as
applicable to ownership, use and maintenance of their Units, including, but not limited to,
compliance with all zoning ordinances and sign ordinances. These matters, and others, are
governed by ordinances, codes or regulations of the Governmental Authorities having
jurisdiction of the Property, and this provision does not (1) constitute any warranty or
representation by any Owner to the Declar,ant or to the Association, (2) make the
Association or Declarant a third party beneficiary of any rights of the City, (3) create any
private right of enforcement for the benefit of the Association or the Declarant, or (4)
otherwise amend, modify or affect any applicable agreement, order, ordinance, code or
regulation. Complaints by the Declarant or by the Association alleging violations of City
ordinances, codes, requirements or regulations shall be addressed to the City of Winter
g:\legal\dccr\prksln8.dcr
revised 63099
'. -74-
Springs or other appropriate Governmental Authority, and shall not be presented to the
Board of Directors. Unless the lands involved are Common Property that has been
conveyed to the Association by the Declarant pursuant to this Declaration, the Association
shall not intervene in any dispute involving the City and an Owner concerning compliance
with City ordinances, codes, regulations or agreements to which the Association is not a
party.
Section 17.4. City Ordinance Conceming Political Signs. According to the Land
Development Coordinator of the City of Winter Springs, the following language is
contained in Section 16-80 of the City Code, and such Code is in effect and applies to the
Units to be developed on the Property as of the date of recording this Declaration:
"Political signs may be erected as individual candidates qualify. Signs may remain
erected unit (sic) [until?] forty-eight (48) hours after the last election in which the
candidate is entered. Each sign ......, except on developed residential lots each sign
shall not exceed six (6) square feet in area./I (sic)
Nothing contained in Article 12, Section 12.4 shall be deemed to authorize any
Owner to violate the provisions of the City Code or other applicable ordinances or
regulations of the Governmental Authorities ~oncerning political signs. In the event of a
conflict between the terms and conditions of this Declaration, as it may be amended from
time to time, and any City Code, ordinance or regulation as they may be amended from
time to time, all Owners by acceptance of a deed to their Unit are deemed to agree that the
more restrictive conditions (either the Declaration or the City Code, ordinance or
regulation) shall take precedence over any less restrictive conditions.
"
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed
on its behalf as of this 2 i.{ day of '-:J l.o<--y, e , 19 '(~.
WITNESS
DECLARANT
S~L
~"j II Scl..l<; ~e--C~>
S . \jjO('>k~)J-\.
S . \~~u)n(~~
CENTEX HOMES, a Nevada general
partnership
By: Centex Real Estate Corporation,
a Nevada corporation, its managing
general partner
STATE OF FLORIDA
COUNTY OF SEMINOLE
s
s
The foregoing instrument was acknowledged before me this '0.,-\-\" day of
~\.):"\,< , 19~ by Gregory 1. LePera, Division President of Centex Real Estate
Corporation, a Nevada corporation, managing general partner of Centex Homes, a Nevada
general partnership, who is personally known to me or who produced a valid Florida
driver's license as identification, and did not take an oath.
S. \JS)D'l"J~~
Notary Public, State of Florida
Notary's Name Printed:
My Commission Expires:
~..;'if.::'f~<;;'" S. WOODWORTH
t(@'? MY COMMISSION # CC 579327
~-::~~~- EXPIRES: September 20, 2000
....9r..r,.... Bonded thill NoIaty ~Ic UndelWlfter:;
9 :\Ieg a l\dccr\prkstn6.dcr
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-75-
EXHIBIT "A"
DESCRIPTION OF PROPERTY SUBJECTED TO THE PROVISIONS OF THIS
DECLARATION
Lots 1 through 86, both inclusive, and Lots 99 through 142, both
inclusive, and Tracts E, F, H, I, L K and L of Parks tone, Unit I, a
subdivision of the City of Winter Springs, Florida, according to the
Plat thereof recorded in Plat Book , Pages
of the Public Records of Seminole County, Florida.
0,) ),18-)'-6013 06/24/99 10: 12 Fl Dept Ox State p1 /2 EXHIBIT" 8 "
~~~~~~~~~~~~~~~~~~~~~
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~ I certify the attached is a true and correct copy of the Amended and ~
~ Restated Articles of Incorporation, filed on June 24, 1999, for PARKSTONE ~
~ COMMUNITY ASSOCIATION, INC., a Florida corporation, as shown by the' ~
~ records of this office. ~
~ .~
~ I further certify the document was electronically received under FAX aud~t~
~ number H99000014598. This certificate is issued in accordance with ~
~ section 15.16, Florida Statutes, and authenticated by the code noted belOW~~?
~ ~,,~
~ The document number of this corporation is N98000003689. ~
~ Given under my hand and the ~
~ Great Seal of the State of Florida, 5~
~ at Tallahassee, the Capital, this the ~
~ Twenty-fourth day of June, 1999 ~
~ ~
~ Authentication Code: 099A00033611-062499-N98000003689-1/1 ~
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EXHIBIT IB
a.CONTINUED
H990000145989
AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF
PARKSTONE COMMUNITY ASSOCIATION, INC.,
a Florida corporation, Not-for-Profit
Whereas, the original Articles of Incorporation of the Association were filed, and the
Certificate of Incorporation was issued by the Secretary of State of Florida on June 24, 1998,
under document number N98000003689 and
Whereas, the Directors of the corporation are Greg LePera, Mike Kane and Dan
Kaiser, and
Whereas, on the date of execution of these Amended and Restated Articles of
Incorporation the sole owner of all of the lands made subject to the Association and the sole
Member of the Association is Centex Homes, a Nevada general partnership; acting herein
by and through its managing general partner, Centex Real estate Corporation, a Nevada
corporation, and
Whereas, the Board of Directors and sole Member of the Association desire to
amend and restate the Articles of Incorporation to change the names and addresses of the
principal office of the corporation, and to provide additional information and governance
to the corporation, now
Therefore, the Association, acting herein through its duly appointed Board of
Directors, and joined by the sole Member, hereby adopts the following Amended and
Restated Articles of Incorporation.
In compliance with the requirements of Chapter 617, Florida Statutes, the
undersigned persons do hereby make, subscribe and acknowledge that they have
voluntarily associated thell:lselves together for the purpose of forming a corporation not-
for-profit, the articles of incorporati~n of which read as follows. All capitalized words or
phrases used herein shall have the meanings herein ascribed, and if not defined in this
Burgess N, Trank, Jr.
Centex Homes
385 Douglas Avenue, Suite 1000
Altamonte Springs, FL 32714
H990000145989
1
EXHIBIT II B ".CONTINUED
H990000145989
instrument, such capitalized words or phrases shall have the meanings given in the
Declaration of Covenants, Conditions and Restrictions for Parkstone, hereinafter identified.
ARTICLE I
NAME
Thename ofthe corporation is Parks tone Community Association, Inc., hereinafter
referred to as the "Association" or the "Community Association".
ARTICLE II
PRINCIPAL OFFICE
The principal office of the Association is located at 385 Douglas Avenue, Suite 2000,
AItamonte Springs, Florida, 32714.
ARTICLE III
REGISTERED OFFICE AND REGISTERED AGENT
The registered office of the Association shall be at 385 Douglas Avenue, Suite 2000,
AltamonteSprings, Florida,32714, with the privilege of having its office and branch offices
at other places within or without the State of Florida. The registered agent at that address
shall be CENTEX REAL ESTATE CORPORATION (herein referred to as "Centex").
:.
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members
thereof, will make no distribution of income to its members, directors or officers and the
specific purposes for which it is formed are to provide for the ownership, operation,
maintenance and preservation of the Common Area, Common Maintenance Areas, and for
the maintenance and impro,,_ement of any easements granted to the Association within the
H990000145989
2
EXHIBIT II B
".CONTINUED
H990000145989
lands identified as Parkstone (the "Association Properties ") pursuant to that certain
Declaration of Covenants, Conditions and Restrictions for Parkstone, recorded in the Public
Records of Seminole County, Florida, (hereinafter called the "Declaration"), and such
additional properties as may be added thereto from time to time by annexation or
otherwise as provided in the Declaration and in these Articles. The Association is formed
to promote the health, safety and welfare of its members and the residents within the
Association Property and any additions thereto as may hereafter be brought within the
jurisdiction of this Association, and to:
(a) Exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Declaration which is hereby incorporated
into this instrument as is fully reproduced herein;
(b) Fix, levy, collect and enforce payment of, by any lawful means, all charges
or assessments pursuant to the terms of the De~laration; to pay all expenses in connection
therewith and all office and other expenses incident to the conduct of the business of the
Association, including all licenses, taxes or governmental charges levied or imposed
against the property of the Association;
(c) A€quire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, selt lease, transfer, dedicate for public use or otherwise dispose
of real or personal property in connection with the affairs of the Association;
(d) Borrow money, and with the assent of two-thirds (2/3) of the votes of each
class of Members, mortgage, pledge, deed in trust or hypothecate any or all of its real or
personal property as security for money borrowed or debts incurred;
(e) Dedicate, sell or transfer all or a~y part of the Common Area to any Public
Agency or authority or utility for such purposes and subject to such conditions as may be
agreed to by the Members. Such dedication or transfer shall only be effective with the
assent of two-thirds (2/3) of the votes of each class of Members, agreeing to such
dedication, sale or transfer; . ,
(f) Participate in mergers and consolidations with other not-for-profit
corporations organized for the same purposes or annex additional residential property and
Common Area, provided that any such merger, consolidation or annexation shall have the
assent of two-thirds (2/3) of the votes of each class of Members; and
H990000145989
3
EXHiBIT II
B ii-CONTINUeD
H990000145989
(g) Purchase, lease, hold, selt mortgage or otherwise acquire or dispose of
interests in, real or personal property, except to the extent restricted hereby; to contract for
the management and maintenance of the Common Area and Common Maintenance Areas
and to authorize a management agent to assist the Association in carrying out its powers
and duties by performing such functions as the submission of proposals, collection of
assessments, preparation of records, enforcement of rules and regulations, repair and
replacementofthe Common Area and Common Maintenance Areas with funds as shall be
made available by the Association for such purposes. The Association and its officers
shall, however, retain at all times the powers and duties granted by the Declaration,
including but not liD;lited to the making of assessments, promulgation of rules and
execution of contracts on behalf of the Association;
(h) Have and to exercise any and all powers, rights and privileges which a
corporation organized under the corporation notJor profit law of the State of Florida, by
law may now or hereafter have to exercise.
I '
I
ARTIC~E V
MEMBERSHIP
Section 5.1 Every Owner of a Lot or Unit within the lands subjected to the
Declaration (as defined in the Declaration), including Declarant and any Builders, shall be
a Member of the Association. Memberships in the Association shall be appurtenant to and
may not be separated from ownership of any Lot or Unit.
Section 5.2 There shall be three (3) classes of Members as follows:
(a)
Class A Members. Class A Members shall be all Owners with the
exception of Declarant and any Builders.
(b)
Class I3 Members. The Class B Member shall be Declarant or its
specifically designated (in writing) successor who shall remain a
member so long as it owns a Lot or Unit subject to the Declaration;
provided that the Class B membership shall cease and be converted
to Class A membership as set forth in Section 6.3 hereof.
H990000145989
4
EXHIBIT II B
U.CONTINUED
H990000145989
(c) Class C Members. The Class C Members shall be all Builders, except
the Declarant, owning Units or Lots subject to the Declaration;
provided that the Class C membership shall cease and be converted
to Class A membership as set forth in Section 6.3 hereof.
ARTICLE VI
VOTING RIGHTS
Section 6.1. Members of the Association shall be allocated votes as follows:
Class A. Each Class A Member shall be entitled to one vote for each Lot or
Unit owned. For the purposes of determining voting rights, each Lot or Unit owned by a
Class A Member shall be deemed entitled to~ one (1) vote regardless of the number of
persons sharing common ownership interests. . .
Class B. The Class B Member shall be allocated three (3) votes for each Lot
or Unit owned by it within the Association Property; provided, that at such time as the
Class B mem bership shall cease and become converted to Class A membership as set forth
in Section 6.3, the Declarant shall have one vote for each Unit or Lot owned by it within the
Association Property.
,. ,
Class C. Class C Members shall'have one (1) vote for each Lot or Unit they
own in the Association Property; provided, that at such time as the Class C membership
shall cease and become converted t9 Class A membership as set forth in Section 6.3, the
Builders shall have one vote for each Unit or Lot owned by it within the Association
Property .
Section 6.2. When any Unit or Lot is owned of record in the name of two or more
persons or entities, whetJ;ler fiduciaries, joint tenants, tenants in common, tenants in
partnership, or in any other manner of joint or common ownership, or if two or more
persons or entities have the same fiduciary relationship respecting the same property, then
unless the instrument or order appointing them or creating the tenancy otherwise directs
and it or a copy thereof, is filed with the secretary of the Association, such Owner shall
select one official representative to qualify' for voting i.n the Association and shall notify in
H990000145989
5
EXHiBiT II 13
~'. GON"ni~Ut:LJ
H990000145989
writing the Secretary of the Association of the name of such individual. The vote allocated
to any Unit or Lot (including Units or Lots owned by the Declarant or a Builder) may not
be divided or cast in any fraction, and the vote of each official representative shall be
considered to represent the will of all the Owners of that Lot or Unit. If the Owners fail to
designate their official representa tive, then the Associa tion may accept the person asserting
! the right to vote as the voting Owner until notified to the contrary by the other Owner(s).
Upon such notification no affected Owner may vote until the Owner(s) appoint their
official representative pursuant to this paragraph.
Section 6.3. The Declarant's Class B membership status shall continue, and shall
be in effect, during the period from the inception of the Declaration until either (1) seven
(7) years from the date the Declaration is recorded; or (2) five (5) years after the date of
recording of the last Supplementa1..Declaration annexing additional property into this
Association, whichever event, (1) or (2) occurs: Jater; or (3) upon recording of a voluntary
written notice executed by the Declarant or its duly authorized successor or assignee
electing to convert its Class B status to Class A; or (4) if the Declarant's Class B membership
status in the Association as described in the Declaration has been converted to Class A,
then, ninety (90) days after the conveyance of the Unit within this Association to a Class
A Member that causes the total number of votes held by all Class A Members of this
Association to equal the number of votes in this Association held by the Class B Member,
whichever event, (I), (2), (3) or (4), occurs first; provided however, that if Class B status is
converted to Class A pursuant to clause (4) and, subsequent to such event, the Declarant
annexes additional Lots to this Community Association which annexation causes the
num ber of Lots or Units owned by the Declarant to ,exceed twenty-five percent (25 % ) of the
total number of Lots and Units withiIl all Association Property, Declarant's Class B status
shall be restored as to all Lots and Uruts then o':Vned by Declarant, and shall continue until
the next occurrence of an event of conversion described above.
Section 6.4. The Declarant shall l1ave the right to partially assign its status as
Declarant and Class B Member by recorded instrument executed by the original Declarant
and acknowledged and accepted by the assignee Declarant to any person or entity
acquiring any portion of tl1e Property, or adjacent lands eligible for annexation into the
Property, for the purpose of development of ~ residential subdivision, and any such
assignee shall thereafter be deemed to be the peclarant as to the Lots or Units owned by
such person or entity, and shall have the right to exercise all of the rights and powers of the
Declarant as to such Lots and Units, while, at the same time, the original Declarant shall
continue to exercise the rights and powers of the Declarant as to all Lots and Units owned
H990000145989
6
EXHIBIT II B
II.CONTINUED
H990000145989
by such original Declarant. If any action of the Association, requires the approval, consent
or vote of the Declarant, and the original Declarant has partially assigned its rights as
Declarant to others pursuant to this paragraph, the consent or vote of all such Declarants
shall be required to satisfy the requirement of consent by the Declarant.
ARTICLE VII
BOARD OF DIRECTORS
Section 7.1 The names and addresses of the members of the Board of Directors who
shall hold office until the annual meeting of the members and until their successors are
elected or appointed and have qualified, are as follows:
NAME
, .:1
ADDRESS
Greg LePera
385 Douglas Avenue" Suite 2000,
Altamonte Springs, Florida 32714
Mike Kane
385 Douglas Avenue" Suite 2000,
Altamonte Springs, Florida 32714
Dan Kaiser
385 Douglas Avenue" Suite 2000,
Altamonte Springs, Florida 32714
Section 7.2 The affairs of the Association shall be managed by a Board of Directors
as provided in and subject to the require'ments of Article IV the Bylaws. Such Board of
Directors shall consist of an odd number of directors with a minimum of at least three (3)
directors and a maximum of no more than seven (7) directors. Directors need not be
Members of the Association and need not be residents of the Association Property. Each
Director shall serve for a term from the date of the meeting at which he is elected until the
next annual meeting subject to the provisions governing resignation, death, disability,
removal and replacement set forth in the Declaration, Bylaws and this instrument.
ARTICLE VIII
AMENDMENTS
H990000145989
7
EXHlBIT II . 13
IJ-CONTINUED
H990000145989
Section 8.1 Proposal. An amendment or amendments to these Articles of
Incorporation may be proposed by the Board of Directors of the Association acting upon
a vote of the majority of the Directors, or by a majority of the Members of the Association,
whether meeting as Members or by instrument in writing signed by them. Upon any
amendment or amendments to these Articles of Incorporation being proposed by the
Board of Directors or Members, such proposed amendment or amendments shall be
transmitted to the President of the Association, or the acting chief executive officer in his
absence, and a Meeting of the Members of the Association shall be called not later than
sixty (60) days from the receipt by him of the proposed amendment or amendments.
Section 8.2 Notice. It shall be the duty of the Secretary to give each Member written
notice of such meeting, stating the proposed amendment or amendments in reasonably
detailed form, which notice shall be prepared by and at the expense of the Community
Association and mailed by the Community Association or presented personally to each
Member not less than thirty (30) days nor more than sixty (60) days before the date setfor
the meeting. If mailed, such notice shall be deemed to be properly given wh~n deposited
in the United States mait addressed to the Member at his post office address as it appears
on the records of the Association, with postage thereupon prepaid. Any Member may, by
written waiver of notice signed by such Mem ber, waive such notice, and such waiver when
filed in the records of the Community Association, whether before, during or after the
holding of the meeting, shall be deemed equival~nt to the giving of such notice to such
Member. The notice shall also contain a copy of a proxy that can be cast in lieu of
attendance at the meeting. If the Community ,Association has, or is planned to have, 250
Members or less - the quorum for any such meeting shall be no less than 20% of the total
number of votes. If the Community Association has, or is planned to have, more than 250
Members but less than 1000 Members - the quorum for any such meeting shall be no less
than 10% of the total number of votes. If the Community Association has, or is planned
to have, more than 1000 Members - the quorum for any such meeting shall be no less than
5% of the total number of votes. The foregoing requirements are minimum requirements,
however, more stringent requirements imposed elsewhere in these Articles of
Incorporation or in the Declaration, or pursu~nt to applicable laws or regulations shall
supersede the requirement$ contained in this S~ction and the Association shall be bound
by such more restrictive requirements as if fully ~eproduced herein.
Section 8.3 Resolution. At the meeting at which the amendment is to be proposed
and considered, a resolution for the adoption 'of the proposed amendment may be made
by any member of the Board of Directors of the Association, or by any Member of the
H990000145989
8
EXHibiT U 73
i'.GONTINuc:D
H990000145989
Association, presentin person or by proxy. The approval of a resolution for the adoption
of a proposed amendment to these Articles of Incorporation shall require the affirmative
vote of a majority of the members of the Board of Directors of the Association.
Section 8.4 Approval. Amendments may be approved by the Members, after receipt
of notice as set forth above, either (1) by the affirmative vote of at least 67% of the Class A
Members (i.e. all Members except the Declarant and any Builder who retain Class B or
Class C status) who are present, in person or by proxy, and voting at a meeting called as
described in the notice and conducted by the Community Association at which a quorum
is present, and the vote of the Declarant, or (2) by the written consent of at least 67% of all
Class A Members and the Declarant (if the Declarant then retains Class B status) to any
action taken in lieu of a meeting. In addition to the approval of the Members and the
Declarant set forth above, the following conditions shall apply:
a. Any Material Amendment or Extraordinary Action (as
defined in the Declaration) that changes the rights of any specific class of Members (i.e.
Class A; Class B; or Class C) must also be approved either (1) by the affirmative vote of at
least 51 % of the Mem bers of such Class who are, present, in person or by proxy, and voting
at meetings called as described in the required notice at which a quorum of such Class of
Members is present, or (2) by the written consent of at least 51 % of all Members of such
Class to any action taken in lieu of a meeting.
b. Any Material Amendment or Extraordinary Action
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the Department of
Veterans Affairs ('IV A") if any Unit within the Property has been financed by a mortgage
insured by FHA or guaranteed by V A. The Associatiol1; shall deliver written notice of the
proposed Material Amendment or Extraordinary Action to the FHA and VA
sim ultaneously with its notice to the Mem bers. . If the FHA or V A fails to deliver written
notice to the Association of its objection to tl1e proposed Material Amendment or
Extraordinary Action within 30 days after receipt of the notice, FHA and VA will be
deemed to have approved the matters contained in the notice, and the Association shall be
entitled to record an affidavit signed by an autrorized officer averring that written notice
was delivered to the FHA and VA and no objection was timely received from such
agencies.
H990000145989
9
EXHIBIT II :8
Il.CONTINUED
H990000145989
Notwithstanding the foregoing, during the period in which the Declarant
retains the status of the Class "B" Member, the Declarant shall have the right to amend
these Articles of Incorporation, without the necessity of joinder by the Members or any
other persons or entities, to make nonsubstantial changes that do not materially or
ad versely affect the interests of other Mem bers or other affected parties, and to clarify any
am biguities or conflicts, or correct any scriveners' errors in these Articles of Incorporation.
Section 8.5 Limitation. No amendment shall make any changes in the qualification
for membership nor in the voting rights or property rights of Members, nor any changes
in the provisions of Article N hereof, without approval of sixty-seven percent (67%) of the
votes of each class of Members and the joinder of all Eligible Holders (as defined in the
Declaration) of mortgages upon Units. No amendment shall be made that is in conflict
with the Declaration, nor shall any amendment make any changes which would in any way
affect any of the rights, privileges, powers or options herein provided in favor of or
reserved to the Declarant, or the designated successor of the Declarant, unless the
Declarant or such successor shall join in the exec~tion of the amendment.
Section 8.6 Recording. Any amendment or amendments of these Articles of
Incorporation shall be transcribed and certified in such form as may be necessary to file the
same in the office of the Secretary of State of H:le State of Florida. A certified copy of each
amendment of these Articles of Incorporation shall be recorded in the Public Records of
Seminole County, Florida, within thirty (30) days from the date on which the same is filed
and returned from the office of the Secretary of State.
ARTICLE IX
OFFICERS
The affairs of the Association will be administered by the officers designated in the
Bylaws of the Association. Said officers will ~e' ele;cted by the Board of Directors at its first
meeting following the annual meeti~g of Members of the Association and will serve at the
pleasure of the Board of Djrectors. The names and addresses of the Officers who are to
manage the affairs of the Association until the'annual meeting of the Board of Directors
and until their successors are duly elected and qualified are:
PRESIDENT - Greg LePera
VICE PRESIDENT - Mike Kane
H990000145989
10
EXHIBIT II J?
II-CONTINUEO
H990000145989
SECRETARY /TREASURER - Dan Kaiser
ARTICI:.E X
INDEMNIFICATION
Section 10.1 Indemnity. The Association shall indemnify any person who was or is
a party or is threatened to be made a party to any threatened, pending or completed action,
suit or proceeding, whether civil, criminat administrative, or investigative, by reason of
the fact that he is or was a Director, employee, officer or agent of the Association, against
expenses (including attorneys fees and appellate attorneysl fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by him in connection with
such action, suit or proceedings, if he acted' in good faith and in a manner he reasonably
believed to be in or not opposed to the best interest of the Association, and, with respect
to any criminal action or proceedings, has no reasonable cause to believe his conduct was
unlawfut except that no indemnification shall be made in respect of any claim, issue or
matter as to which such person shall have been a4Judged to be liable for gross negligence
or misfeasance or malfeasance in the performance of his duty to the Association, unless and
only to the extent that the Court in which such action or suit was brought shall determine
upon application that despite the adjudication of liability, but in view of all of the
circumstances of the case, such person is fairly and reasonably entitled to indemnity for
such expenses which such Court shall de~~ proper. The termination of any action, suit or
proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendre or
its equivalent shall not, of itself, create a presumption that the person did not act in good
faith and in a manner which he reasonably believed to be in or not opposed to the best
interest of the Association, and with respect t~ any criminal action or proceeding, had
reasonable cause to believe that his conduct was unlawful.
Section 10.2 Expenses. To the extentthat a Director, officer, employee or agent of the
Association has been successful on the merits or otherwise in defense of any action, suit or
proceeding referred to in Section 10.1 above, or in defense of any action, suit or proceeding
referred to in Section 10.1 above, or in defense of any claim, issue or matter therein, he shall
be indemnified against expenses (including attorneys' fees and appellate attorneys' fees)
actually and reasonably incurred by him in connection therewith.
Section 10.3 Approval. Any indemnification under Section 10.1 above (unless
ordered by a Court) shall be made by the Association only as authorized in the specific case
upon a determination that indemnification of the Directors, officers, employees or agent
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is proper under the circumstances because he has met the applicable standard of conduct
set forth in Section 10.1 above. Such determination shall be made (a) by the Board of
Directors by a majority vote of a quorum consisting of Directors who were not parties to
such action, suit or proceeding, or (b) if such quorum is not obtainable, or, even if
obtainable, if a quorum of disinterested Directors so directs, by independent legal counsel
in a written opinion, or by a majority of the Members.
Section 10.4 Advances. Expenses incurred in defending a civil or criminal action, suit
or proceeding may be paid by the Association in advance of the final disposition or such
action, suit or proceeding as authorized by the Board of Directors in any specific case upon
receipt of an undertaking by or on behalf of the affected Director, officer, employee or
agent to repay such amount unless it shall ultimately be determined that he is entitled to.
be indemnified by the Association as authorized in this Article X.
Section 10.5 Miscellaneous. The inden:mification provided by this Article shall not
be deemed exclusive of any other rights to wl1ich those seeking indemnification may be
entitled under any Bylaw, agreement, vote of Members or otherwise, and shall continue
as to a person who has ceased to be a Director, officer, employee or agent and shall inure
to the benefit of the heirs and personal representatives of such person.
Section 10.6 Insurance. The Association shall have the power to purchase and
maintain insurance on behalf of any person who is or w~s a Director, officer, employee or
agent of the Association, as a Director, officer, employee or agent of another corporation,
partnership, joint venture, trust or other enterprise, against any liability asserted against
him and incurred by him in any such capacity, or arising out of his status as such, whether
., . l
or not the Association would have the power to. indemnify him against such liability under
the provisions of this Article.
ARTICLt: XI
BYLAWS
The first Bylaws of the Association will be adopted by the Directors named herein,
and may be altered, amended, or rescinded in the manner provided by said Bylaws. Any
Bylaws adopted by the Board of Directors shall be consistent with these Articles.
ARTICLE XII
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TRANSACTIONS IN WHICH DIRECTORS OR OFFICERS
ARE INTERESTED
Section 12.1 No contract or transaction between the Association and one or more of
its Directors or officers, or between the Association and any other corporation, partnership,
or Association, or other organization in which one or more of its Directors or officers are
Directors or officers have a financial interest, shall be invalid, void or voidable solely for
this reason, or solely because the Director or officer is present at or participates in the
meeting of the Board or committee thereof which authorized the contract or transaction,
or solely because his or their votes are counted for such purpose. No Director or officer of
the Association shall incur liability by reason of the fact that he is or may be interested in
any such contract or transaction.
Section 12.2 Interested Directors may b~ counted in determining the presence of a
quorum at a meeting of the Board of Directors or of a committee which authorized the
contract or transaction.
..
ARTICLE XIII
SUBSCRIBER
The name and address of the subscriber to these Articles of Incorporation is:
Centex Homes
385 Douglas Avenue" Suite 2000,
Altamonte Springs, Florida 32714
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given by not less than two-thirds
(2/3) of the votes of each Class of members. Upon dissolution of the Association, other
than incident to a merger or consolidation, the assets of the Association shall be disposed
of or transferred to another association or appropriate public agency having similar
purposes. Dissolution of the Association shall be deemed an Extraordinary Action and
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shall be subject to the provisions of these Articles of Incorporation and the Declaration
governing Extraordinary Actions.
ARTICLE XV
AMENDMENT AND RESTATEMENT OF ARTICLES
The foregoing Amended and Restated Articles of Incorporation having been duly
approved and adopted by the Board of Directors and the sole Member do hereby
supersede and completely replace the original Articles of Incorporation filed June 24,1998.
IN WITNESS WHEREOF, the undersigned, being all of the duly appointed Directors
and the sole Member of the Association have executed these Amended and Restated
Articles of Incorporation this ) & .day of ~ Ju.../1 c:.- , /? r 1 .
~IREC~OR
~/<
MIKE KANE, DIRECTOR.
~
DAN KAISER DIRECTOR
CENTEX HOMES
a Nevada general partnership
By: Centex Real Estate Corporation
A Nevada corporation
By:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
J The foregoing instrument was acknowledged before me this &th day of _
v-t1 e...- , 1999, by Greg LePera, Division President of Centex Real Estate
Corporation, a Nevada corporation, managing general partner of Cent ex Homes, a Nevada
general partnership, on behalf of the corporation. Said person did not take an oath and is
personally known to me.
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Notary Publi ,State of Florida
Commission No.: .",""11"".
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I The foregoing instrument was acknowledged before me this J ~ th day of _
,-jU\.c- , 1999, by Greg LePera, Mike Kane and Dan Kaiser who are persons
personally known to me, and did not take an oath.
STATE OF FLORIDA
COUNTY OF SEMINOLE
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Commission No.: #").5)~~~~t:"/.'//~
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CERTIFICATE DESIGNATING PLACE OF BUSINESS
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Chapter 48.091, Florida Statutes, the following IS submitted In
compliance with said Act:
That, Par~stone Community Association, Inc., desiring to organize under the laws
of the State of Florida, with its principal offices at 385 Douglas Avenue, Suite 2000,
Altamonte Springs, Florida 32714, has named Centex Real Estate Corporation, whos~ office
is located at385 Douglas Avenue, Suite 2000, AItamonte Springs, Florida 32714, as its agent
to accept service of process within the State.
ACKNOWLEDGMENT
Having been named to accept service of process for the above stated corporation,
at the place designated in this Certificate, Centex Real Estate Corporation hereby accepts
to act in this capacity, and agrees to comply with the provisions of said Act relative to
keeping open said office.
CENTEX REAL ESTATE CORPORATION, a
:t'Jevada corporation
By: ""- ~ ~
~ Pera
Division President
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CERTIFICATE OF ADOPTION OF AMENDED AND RESTATED ARTICLES OF
INCORPORATION FOR
PARKSTONE COMMUNITY ASSOCIATION, INC.
a Florida not-for-profit corporation
Pursuant to Section 617.1007, Chapter 617 of the Florida Statutes, the Parkstone
Community Association, Inc., a Florida not-for-profitcorporation (herein referred to as the
" Association"), hereby certifies the following matters unto the Secretary of State of Florida.
The attached and foregoing Amended and Restated Articles of Incorporation of
Parkstone Community Association, Inc., a Florida not-for-profit corporation, have been
duly adopted and approved by the Board of Directors of the Association, and by the sole
member of the Association.
As of the date of approval of the Amended and Restated Articles of Incorporation,
Centex Homes, a Nevada general partnership, is the owner of all of the land made subject
to the Association, and, as such, is the sole member of the Association whose approval is
required.
Pursuant to Section 617.1006, Chapter 617 of the Florida Statutes, Centex Homes, as
the sole member of the Association, has joined in the execution of the Amended and
Restated Articles of Incorporation to confirm its approval thereof, and hereby certifies to
the Secretary of State of Florida that it has approved the adoption of the Amended and
Restated Articles of Incorporation by the Board of Dire.ctors as of the date of execution of
this Certificate.
IN WITNESS WHEREOF, the unde~sign~d,being all of the duly appointed Directors
and the sole Member of the Association have executed this Certificate of Adoption of
Amended and Restated Articles of Incorporation this ) ~ day of '" JUVl c...- I
/Cf q~
ERA DIRECTOR DIV. PRESIDENT
, ,
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~L
MIKE KANE, DIRECTOR
~
DAN KAISER, DIRECTOR
CENTEX HOMES
a Nevada general partnership
By: Centex Real Estate Corporation
A Nevada corporation
By:
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BYLAWS OF
1
P ARKSTONE COMMUNITY ASSOCIATION, INC.,
a Florida corporation, ~ot-for-Profit
ARTICLE I
GENERAL PLAN OF OWNERSHIP
Section 1. Name. The name of the corporation is PARKSTONE COMMUNITY
ASSOCIATION, INC., a Florida corporation, and is hereafter referred to as the
"Association" or "Community Association". The principal office of the corporation shall be
located in the State of Florida.
". "
Section 2. Bylaws Applicability. The provisions of these Bylaws are applicable to the
Association created pursuant to the Declaration of Covenants, Conditions and Restrictions
for Parkstone recorded in the Public Records of Seminole County, Florida (herein referred
to as the "Declaration"). All capitalized words or phrases used herein shall have the
meanings herein ascribed, and if not defined in this instrument, such capitalized words or
phrases shall have the meanings given in the Declaration or Articles of Incorporation of the
Association.
Section 3. Personal Application. All present and future Owners of Lots or Units
within the Association Property (as defined in the Articles of Incorporation and Declaration
of the Association) and their tenants, guests and invitees are subject to the regulations set
forth in these Bylaws.
The recording of a declaration authorizing the creation of a Community Association
and the mere acquisition of a Lot or acquisition or rental of any Unit or the mere act of
occupancy of any Unit Signify that these Bylaws are accepted, ratified, and will be
complied with.
ARTICLE II
MEMBERSHIP, VOTING RIGHTS, MAJORITY
OF QUORUM, QUORUM, PROXIES
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Section 1. Membership. Every Owner of a Unit or Lot, and every Builder owning any
Unit or Lot, by virtue of the ownership of such Unit or Lot, and the Declarant and its
successors and assigns, shall be Members of the Association, and by acceptance of a deed
or other instrument evidencing an ownership interest, each Owner, Builder and Declarant
accepts membership in the Association, acknowledges the authority of the Association as
herein stated, and agrees to abide by and be bound by the provisions of the Declaration,
the Articles of Incorporation, these Bylaws and other rules and regulations of the
Association. The term "Member"shall include each person or entity owning any right, title
or interest in any Unit or Lot, except persons or entities holding mortgages or other
security or trust interests unless such persons or entities also have the right of possession.
Tenants or others occupying any Unit who do not have an ownership interest therein shall
not be Members for the purposes of these Bylaws. Membership in the Association is
appurtenant to, and may not be severed from, the Unit or Lot. The rights and obligations
df a Member may not be assigned or delegated except as provided in the Declaration, the
Articles of Incorporation or these Bylaws of th<<: Association, and shall automatically pass
to the successor-in-interest of any Owner upon, conveyance of such Owner's interest in the
Lot or Unit. Members shall be responsible for compliance with the terms and conditions
of the Declaration, the Articles of Incorporation and these Bylaws, and rules and
regulations of the Association by all occupants, tenants, guests, invitees and family
members while residing in or visiting any Unit, Common Area or other portion of the
Property.
Section 2. Voting Rights. Members of the Association shall be allocated votes as
follows:
Class A. Class A Members shall be all Owners with the exception of the
Declarant and any Builders. Each Class "A" Member shall be entitled to one vote for each
Lot or Unit owned.
Class B. The Class B Member shall be the Declarant, or its specifically
designated (in writing) successor. The Class B Member shall be allocated three (3) votes
for each Lot or Unit owned by it within the Property which is subject to assessment by this
Association; provided, that the Class B membership shall cease and become converted to
Class A membership as set forth in Section 4. Upon conversion to Class A membership,
the Declarant shall have one vote for each Unit or Lot owned by it within the Property so
long as said Unit or Lot is subject to assessment by the Association.
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Class C. All Builders, as defined herein, shall be Class C Members. Class C
Members shall have one (1) vote for each Lot or Unit they own in the Property.
When any Unit or Lot is owned of record in the name of two or more persons
or entities, whether fiduciaries, joint tenants, tenants in common, tenants in partnership,
or in any other manner of joint or common ownership, or if two or more persons or entities
have the same fiduciary relationship respecting the same property, then unless the
instrument or order appointing them or creating the tenancy otherwise directs and it or a
copy thereof is filed with the secretary of the Community Association, such Owner shall
select one official representative to qualify for voting in the Community Association and
shall notify in writing the Secretary of the Community Association of the name of such
individual. The vote allocated to any Unit or Lot (including Units or Lots owned by the
Declarant or a Builder) may not be divided or cast in any fraction, and the vote of each
official representative shall be consid~red to represent the will of all the Owners of that Lot
or Unit. If the Owners fail to designate their official representative, then the Community
Association may accept the person asserting the right to vote as the voting Owner until
notified to the contrary by the other Owner(s). Upon such notification no affected Owner
may vote until the Owner(s) appoint their official representative pursuant to this
paragraph.
Section 3. Change of Membership.
3.1. Change of membe1;'~hip in the Association shall be established
by recording in the Public Records of Seminole <;::ounty, Florida, a deed or other instrument
conveying record fee title to any Lot or Unit, aI).d by the delivery to the Community
Association, of a copy of such recorded instrument. The Owner designated by such
instrument shall, by acceptance of such instrument, become a Member of the Community
Association, and the membership of the prior Owner shall be terminated. In the event that
a copy of said instrument is not delivered to the' Community Association, said Owner shall
become a Member, but shall not be entitle~ to voting privileges until delivery of a copy of
the conveyance instrument to the Community Association. The foregoing shall not,
however, limit the Association's powers or privileges and the new Owner shall be liable
for accrued and unpaid fees and assessments attributable to the Lot or Unit acquired.
3.2. The interest, if any, of a Member in the funds and assets of the
Association shall not be assigned, hypothecate~ or transferred in any manner except as an
appurtenance to the Owner's real property. Membership in the Association by all Owners
shall be compulsory and shall continue, as to each Owner, until such time as such Owner
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of record transfers or conveys his interest in the real property upon which his membership
is based or until said interest is transferred or conveyed by operation of law, at which time
the membership shall automatically be conferred upon the transferee. Membership shall
be appurtenant to, run with, and shall not be separated from the real property interest
upon which membership is based.
Section 4. Class B Membership Status.
4.1. The Declarant's Class B membership status shall continue, and shall
be in effect, during the period from the inception of the Declaration until either (1) seven
(7) years from the date the Declaration is recorded; or (2) five (5) years after the date of
recording of the last Supplemental Declaration annexing additional property into the
Community Association, whichever event, (1) or (2) occurs later; or (3) upon recording of
a voluntary written notice executed by the D~clarant or its duly authorized successor or
assignee electing to convert its Class B status to Class A; or (4) in any event, ninety (90)
days after the conveyance of the Unit to a Class A Member that causes the total number of
votes held by all Class A Members of this Community Association to equal the number of
votes in the Community Association held by the Class B Member, whichever event, (1), (2),
(3) or (4), occurs first; provided however, that if Class B status is converted to Class A
pursuant to clause (4) and, subsequent to such event, the Declarant annexes additional
Lots to the Property which annexation causes the number of Lots or Units owned by the
Declarant in the Property to exceed twenty-fiv~ percent (25%) of the total number of Lots
and Units within the Property, Declarant's Class B status shall be restored as to all Lots and
Units within the Property then owned by Declarant, and shall continue until the next
occurrence of an event of conversion described above.
4.2. The Declarant shall have the right to partially assign its status as
Declarant and Class B Member by recorded instrument executed by the original Declarant
and acknowledged and accepted by the assignee Declarant to any person or entity
acquiring any portion of the Property, or the adjacent land eligible for annexation into the
Property, for the purpose of development of a resid~ntial subdivision, and any such
assignee shall thereafter be deemed to be the Declarant as to the Lots or Units owned by
such person or entity, and shall have the right to exercise all of the rights and powers of the
Declarant as to such Lots and Units, while, at the same time, the original Declarant shall
continue to exercise the rights and powers of the Declarant as to all Lots and Units owned
by such original Declarant. If any action of the Community Association requires the
approval, consent or vote of the Declarant, and the original Declarant has partially
assigned its rights as Declarant to others pursuant to this paragraph, the consent or vote
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of all such Declarants shall be required to satisfy the requirement of consent by the
Declarant.
Section 5. Majority of Quorum. Unless otherwise expressly provided in these Bylaws
or the Declaration any action which may be taken by the Association may be taken by a
majority of a quorum of the Members of the Association.
Section 6. Quorum. Each Community Association meeting required by the
Association pursuant to the Declaration shall require .the presence, either in person or by
proxy, of a quorum of the members of the Community Association. If the Community
Association has, or is planned to have, 250 Members or less - the quorum for any such
meeting shal~ be no less than 20% of the total number of votes. If the Community
Association has, or is planned to have, more than 250 Members but less than 1000 Members
- the quorum for any such meeting shall be no less than 10% of the total number ofyotes.
If the Community Association has, or is planned to have, more than 1000 Members - the
quorum for any such meeting shall be no less than 5% of the total number of votes. The
foregoing requirements are minimum requirements, however, more stringent requirements
imposed elsewhere in these Bylaws or in the Articles of Incorporation or in the
Declaration, or pursuant to applicable laws or regulations shall supersede the requirements
contained in this Section, and the Association shall be bound by such more restrictive
requirements as if fully reproduced herein.
Section 7. Proxies. Votes may be cast in person or by proxy. Proxies must be in
writing and filed with the Secretary at least tw.enty-four (24) hours before the appointed
time of each meeting. Every proxy shall be reyocable and shall automatically cease after
completion of the meeting for which the proxy was filed, and upon conveyance by the
Member of his Unit.
ARTICLE III
ADMINISTRATION
Section 1. Place of Meetings of Members~ Meetings of the Members shall be held
within the Association Property or such other suitable place as close thereto as practicable
in Seminole County, convenient to the Owners as may be designated by the Board of
Directors.
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Section 2. Annual Meetings. The first annual meeting of the Members shall be held
on the date at the place and at that the time, as determined by the Board of Directors,
provided, however, that said meeting shall be held, to the extent possible, within one (1)
year from the date of incorporation of the Association. Thereafter, the annual meeting of
the Association shall be held on the anniversary date of the first annual meeting; provided,
however, that should the anniversary date fall on a legal holiday, then such annual meeting
of the Members shall be held on the next day thereafter which is not a legal holiday.
Subject to the provisions of Article IV, Section l' herein, at each annual meeting there shall
be elected by ballot of the Members a Board of Directors, in accordance with the
requirements of Section 5 of Article IV of these Bylaws. At the first annual meeting, the
Directors shall be elected to serve until the second annual meeting, and at the second
annual meeting, Directors shall be elected for a term of one (1) year beginning with the
second annual meeting. Unless a Director resigns before the expiration of his term of
office, each Director shall hold his office u,ntil his successor has been elected and the first
meeting involving such successor is held. The term of office of any Director elected to fill
a vacancy created by the resignation of his predecessor shall be the balance of the unserved
term of his predecessor. The Members may also transact such other business of the
Association as may properly come before them. Each First Mortgagee of a Unit may
designate a representative to attend all annua~ meetings of the Members.
Section 3. Special Meetings of Members. Special meetings of the Members may be
called at any time by the President or by a majority of a quorum of the Board of Directors,
or upon a petition signed by Class A Members holding at least ten percent (10%) of the
voting power of the Class A Members having been presented to the Secretary. Notice of
any special meeting shall state the time and place of such meeting and the purpose thereof.
No business shall be transacted atia special meeting except as stated in the notice,
unless by consent of those Members holding at least four-fifths (4/5) of the voting power
of the Association, either in person or by proxy. Each First Mortgagee of a Unit may
designate a representative to attend all special meetings of the Members.
Section 4. Notice of Meetings of Members. It shall be the duty of the Secretary to mail
a notice of each annual or special meeting of Members stating the purpose thereof as well
as the day, hour, and place where it is to be held, to each Member of record and to each
First Mortgagee of a Unit which has filed a written request for notice with the Secretary,
at least fourteen (14) but not more than sixty (()O) days prior to such meeting. The notice
may set forth time limits for speakers and nominating procedures for the meeting. The
mailing of a notice, postage prepaid, in the manner provided in this Section, shall be
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considered notice served, after said notice has been deposited in a regular depository of the
United States mail. If no address has been furnished to the Secretary, notice shall be
deemed to have been given to a Member if posted in a conspicuous place on the Common
Property.
Section 5. Adjourned Meetings. If any proposed meeting cannot be organized because
a quorum has not been attained, the Members who are present, either in person or by
proxy, may adjourn the meeting from time to time until a quorum is present, provided
notice of the newly scheduled meeting is given in the manner required for the giving of
notice of a meeting. Proxies given for the adjourned meeting shall be valid for the newly
scheduled meeting unless revoked for reasons other than the new date of the meeting.
Section 6. Order of Business. The o~der of business at all meetings of the Members
shall be as follows: (a) roll call to determine the voting power represented at the meeting;
(b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding
meeting; (d) reports of officers; (e) reports of committees; (f) election of inspector of
election; (g) election of Directors; (h) unfinished business; and (i) new business. Meetings
of Members shall be conducted by the officers of the Association in order of their priority.
Section 7. Action Without Meeting. Any action,.which under the provisions of Florida
law may be taken at a meeting of the Members, may be taken without a meeting if
authorized by a writing signed by the required number of Members who would be entitled
to vote at a meeting for such purpose, and such writing is filed with the Secretary.
Section 8. Consent of Absentees. The transaction of any meeting of Members, either
annual or speciat however called and noticed, shall be as valid as though had at a meeting
duly held after regular call and notice if a quorum be present either in person or by proxy,
and if, either before or after the meeting, each of the Me91bers not present in person or by
proxy, signs a written waiver of notice, or a consent to the holding of such meeting, or an
approval of the minutes thereof. All such waivers, consents or approvals shall be filed with
the corporate records or made a part of the minutes of the meeting.
Section 9. Minutes, Presumption of Notice. Minutes or similar record of the
proceedings of meetings of Members, when signed by the President or Secretary, shall be
presumed truthfully to evidence the matters setforth therein. A recitation in the minutes
of any such meeting that notice of the meeting was properly given shall be prima facie
evidence that such notice was given.
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ARTICLE IV
BOARD OF DIRECTORS
Section 1. Number, Term and Qualifications. The affairs of this Association shall be
governed by a Board of Directors composed of no fewer than three (3) nor more than seven
(7) persons as is determined from time to time by the Members. The term of each Director's
service shall extend until the next annual meeting of the Members, and thereafter until his
successor is duly elected and qualified, or until he is removed in the manner provided in
Section 3 below.
Section 2. Powers and Duties. The Board of Directors has the powers and duties
necessary for the administration of the affairs of the Association and may do all such acts
and things as are not by law or by these Bylaws directed to be exercised and done
exclusively by the Members.
Section 3. Special Powers and Duties. Without prejudice to such foregoing general
powers and duties and such powers and duties as are set forth in the Declaration and
Articles of Incorporation, the Board of Directors. is vested with, and responsible for, the
following powers and duties:
(a) To select, appoint, and remov~ 'all officers, agents and employees of the
Association, to prescribe such powers and duties for them as may be
consistent with law, with the Articles of Incorporation, the Declaration and
these Bylaws; to fix their compensation and to require from them security for
faithful service when deemed advisable by the Board.
(b) To conduct, manage and control the affairs and business of the Association,
and to make and enforce such rules and regulations therefor consistent with
law, with the Articles of Incorporation, the Declaration, and these Bylaws, as
the Board may deem necessary or advisable.
(c) To change the principal office for the transaction of the business of the
Association from one location to another with the State of Florida as
provided in Article I hereof; to designate any place within said State for the
holding of any annual or special meeting or meetings of Members consistent
with the provisions of Article III, Section 2 hereof; and to adopt and use a
corporate seal and to alter the form of such seal from time to time, as the
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Board, in its sole judgment may deem best, provided that such seal shall at
all times comply with the provisions of law.
(d) To borrow money and to incur indebtedness for the purposes set forth in the
Declaration, and to cause to be executed and delivered therefor, in the
Association's name, promissory notes, bonds, debentures, deeds of trust,
mortgages, pledges hypothecations or other evidences of debt and securities
therefor.
(e) To fix and levy from time to time, Assessments upon the Owners, as
provided in the Declaration; to determine and fix the due date for the
payment of such Assessments, and the date upon which the same shall
become delinquent; provided, however, that such Assessments shall be fixed
and levied only to provide for the general benefit and welfare of the Associ-
ation and its Members in accordance with the provisions of the Declaration.
The Board of Directors is herel?y' authorized to incur any and all such
expenditures for any of the foregoing purposes and to provide, or cause to
be provided, adequate reserves for replacements as it shall deem to be
necessary or advisable in the interest of the Association or welfare of its
Members. Disbursements from such trust reserve fund shall be made only
in accordance with the provisions of the Declaration. Should any Owner fail
to pay such Assessments before delinquency, the Board of Directors in its
discretion is authorized to enforce the payment of such delinquent
assessments as provided in the Declaration.
(f) To enforce the provisions of the Declaration covering the Common Area,
and areas on which the Association has an easement (the "Easement Areas"),
these Bylaws or other agreemen~s ()f the Association.
(g) To contract for and pay fire, casualty, errors and omissions, blanket liability,
malicious mischief, vandalism, a~d other insurance, insuring the Members,
the Owners, the Association, the Declarant, the Board of Directors and other
interested parties, in accordance with the provisions of the Declaration,
covering and protecting against such damages or injuries as the Board deems
advisable, which may include without limitation, medical expenses of
persons injured on the Corrunon Area and Easement Areas, and to bond the
agents and employees of any management body, if deemed advisable by the
Board. The Board shall review, not less frequently than annually, all
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insurance policies and bonds obtained by the Board on behalf of the -
Association.
(h) To contract for and pay maintenance, gardening, utilities, materials and
supplies, and services relating to the Common Area, public areas, and Ease-
ment Areas and to employ personnel necessary for the operation of the
Common Area, public areas and Easement Areas, including legal and
accounting services, and to contract for and pay for improvements to the
Common Area, public areas and Easement Areas.
(i) To delegate its powers according to law, and subject to the approval of the
Members, to adopt these Bylaws.
G) To grant easements where necessary for utilities and sewer facilities over the
Common Area to serve the Association.
(k) To fix, determine and name from time to time, if necessary or advisable, the
public agency, fund, foundation or corporation which is then or there
organized or operated for charitable purposes, to which the assets of this
Association shall be distributed upon liquidation or dissolution, according
to the Articles of Incorporation of the Association. The assets so distributed
shall be those remaining after satisfaction of all just debts and obligations of
the Association, and after distribution of all property held or acquired by the
Association under the terms of a specific trust or trusts.
(1) To adopt such uniform and reasonable rules and regulations as the Board
may deem necessary for the management of the Common Area and
Easement Areas which rules and regulations shall become effective and
binding after (1) they c,lfe adopted by a majority of the Board at a meeting
called for that purpose, 'or by the ~itten consent of such number of Directors
attached to a copy of the rules and regulations of the Association, and (2)
they are posted in a conspicuous place in or near the Common Area. For so
long as the Declarant enjoys Class B Membership status, such rules and
regulations shall not materially adversely affect the rights, privileges or
preferences of any Member or owner as established by the Association, the
Articles of Incorporation of the Association and these Bylaws and such rules
and regulations shall be enforceable only to the extent that they are
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consistent with the Declaration, the Articles of Incorporation and these
Bylaws.
Section 4. Management Agent. The Board shall have the option to employ a
managing agent to manage the Common Area and Easement Areas and the affairs of the
Association. The managing agent shall perform such duties and services as the Board shall
authorize.
Section 5. Election and Term of Office. Subject to the provisions of Article IV, Section
1 herein, at the first annual meeting of the Association, and thereafter at each annual
meeting of the Members, Directors shall be elected by secret written ballot by a plurality
of Members as provided in these Bylaws, each Member voting being entitled to cast its
votes for each of as many nominees as there are vacancies to be filled. There shall be no
cumulative voting. In the event that an annual meeting is not held, or the Board is not
elected thereat, the Board may be elected at a special meeting of the Members held for that
purpose. Each Director shall hold office until. his successor has been elected or until his
death, resignation, removal or judicial adjudication of mental incompetence. Any person
serving as a Director may be reelected, and there shall be no limitation on the number of
terms during which he may serve.
Section 6. Books, Audit. The Board of Directors shall cause to be maintained a full set
of books and records showing the financial condition of the affairs of the Association in
manner consistent with generally accepted acco,unting principles, and at no greater than
annual intervals shall obtain an independent a~dit of such books and records. A copy of
each such audit shall be delivered to a Member:within sixty (60) days after the completion
of such audit upon written request from a Member.
Section 7. Vacancies. Vacancies in the Board of Directors caused by any reason other
than the removal of a Director by a vote of the Members of the Association shall be filled
by vote of the majority of the remaining Directors, even though they may constitute less
than a quorum; and such person so elected shall be a Director until a successor is elected
at the next annual meeting of the Members of the Association, or a special meeting of the
Members called for that purpose. A vacancy or vacancies shall be deemed to exist in case
of death, resignation, removal or judicial adjudication of mental incompetence of any
Director, or in case the Members fail to elect the full number of authorized Directors at any
meeting at which such election is to take place. .
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Section 8. Removal of Directors. At any regular or special meeting of the Members
duly called, anyone or more of the Directors may be removed with or without cause by
a majority vote. of the Members of the Association, and a successor may then and there be
elected to fill the vacancy thus created. Any Director whose removal has been proposed
by the Members shall be given an opportunity to be heard at the meeting. If any or all of
the Director~ are so removed, new Directors may be elected at the same meetings.
Section 9. Organization Meeting. The first regular ("organization") meeting of a newly
elected Board of Directors shall be held within ten (10) days of election of the Board, at such
place as shall be fixed and announced by the Directors at the meeting at which such
Directors were elected, for the purpose of organization, election of officers and the
transaction of other business. No notice shall be necessary to the newly elected Directors
in order legally to constitute such meeting, provided a majority of the whole Board shall
be present.
Section 10. Other Regular Meeting. Other regular meetings of the Board of Directors
may be held at such time and place in or near the Association Property as shall be
determined, from time to time by a resolution adopted by a majority of a quorum of the
Directors; provided, however, that such meeting shall be held no less frequently than
annually. Notice of regular meetings of the Board of Directors shall be given to each
Director, personally or by mail, e-mail, telephonic facsimile, telephone or telegraph, at least
seventy-two (72) hours prior to the date named for such meeting, and shall be posted at a
prominent place or places within the Common Area.
Section 11. Special Meeting. Special meetings of the Board of Directors may be called
by the President (or, if he is absent or refused t~ act, by the Vice President) or by any two
(2) Directors. At least seventy-two (72) hours notice shall be given to each Director
personally or by mail, telephone or telegraph,: which notice shall state the time, place (as
hereinabove provided) and the purpose of the meeting, and shall be posted at a prominent
place or places in or near the Association Property. If served by mail, each such notice shall
be sent, postage prepaid, to the address reflected on the records of the Association, and
shall be deemed given, if not actually received earlier, at 5:00 P.M. on the second day after
it is deposited in a regular depository of the United States mail as provided herein.
Whenever any Director has been absent from any special meeting of the Board, an entry
in the minutes to the effect that notice has been duly given shall be conclusive and
incontrovertible evidence that due notice of such meeting was given to such Director, as
required by law and as provided herein.
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Section 12. Waiver of Notice. Before or at any meeting of the Board of Directors, any
Director may, in writing, waive notice of such meeting and such waiver shall be deemed
equivalent to the giving of such notice. Attendance by a Director at any meeting of the
Board shall be a waiver of notice by him of the time and place thereof. If all the Directors
are present at any meeting of the Board, no notice shall be required and any business may
be transacted at such meeting. The transactions of any meeting of the Board, however,
called and notice or wherever held, shall be as valid as though had at a meeting duly held
after regular call and notice, if a quorum be present, and it either before or after the
meeting, each of the Directors not present signs such a written waiver of notice, a consent
to holding such meeting, or an approval of the minutes thereof. All such waivers, consents
and approvals shall be filed with the records of the Association or made a part of the
minutes of the meeting.
Section 13. Quorum and Adjournment. Except as otherwise expressly provided
herein, at all meetings of the Board of Directors, a majority of the Directors shall constitute
a quorum for the transaction of business, and the acts of the majority of the Directors
present at a meeting at which a quorum is present shall be the acts of the Board of
Directors. If at any meeting of the Board of Directors, there is less than a quorum present,
the majority of those present may adjourn the meeting from time to time. At any such
adjourned meeting, any business which might, have been transacted at the meeting as
originally called may be transacted without further notice.
Section 14. Action Without Meeting. The Directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by obtaining the vote
or written consent of all the Directors. Any action so approved shall have the same effect
as though taken at a meeting of the Directors.
Section 15. Fidelity Bonds. The Board of Directors may require that all officers and
employees of the Association handling or responsible for Association funds shall furnish
adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
Section 16. Committees. The Board of Directors by resolution may from time to time
designate such committees as it shall desire, and may establish the purposes and powers
of each such committee created. The resolution designating and establishing the committee
shall provide for the appointment of its Members, as well as a chairman, shall state the
purposes of the committee, and shall provide for reports, termination, and other
administrative matters as deemed appropriate by the Board.
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ARTICLE V
OFFICERS
Section 1. Designation. The principal officers of the Association shall be a President,
a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board of
Directors. The Board of Directors may appoint an Assistant Treasurer and an Assistant
Secretary, and such other officers as in their judgment may be necessary. Officers other
than the President and Vice President need not be Directors. The office of Secretary and
Treasurer may be held by the same person, but the office of President and Secretary may
not be held by the same person.
Section 2. Election of Officers. The officers of the Association shall be elected annually
by the Board of Directors at the Organization Meeting of each new Board of Directors, and
each officer shall hold his office until he shall resign or be removed or otherwise
disqualified to serve, or his successor shall be elected and qualified to serve.
Section 3. Removal of Officers. Upon an affirmative vote of a majority of the entire
Board of Directors, any officer may be removed, either with or without cause, and his
successor elected at any regular meeting of the Board of Directors, or at any special meeting
of the Board of Directors called for such purpose. Any officer may resign at any time by
giving written notice to the Board or to the President or Secretary of the Association. Any
such resignation shall take effect at the date of receipt of such notice or at any later time
specified therein; and unless otherwise specified in said notice, acceptance of such
resignation by the Board shall not be necessary to make it effective.
Section 4. Compensation. Officers, agents, and employees shall receive such
reasonable compensation for their services as may be authorized or ratified by the Board.
Appointment of any officer, agent or employee shall not of itself create contractual rights
of compensation for services performed by such officer, agent, or employee, provided that
no officer, employee or Director of Declarant or any affiliate of Declarant may receive any
compensation.
Section 5. President. The President shall be the chief executive officer of the
Association. He shall preside at all meetings of the Association and of the Board of
Directors. He shall have all of the general powers and duties which are usually vested in
the office of the President of a corporation, including but not limited to the power, subject
to the provisions of Article IV, Section 16, to appoint committees from among the members
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from time to time as he may in his discretion decide is appropriate to assist in the conduct
of the affairs of the Association. The President shall, subject to the control of the Board of
Directors, have general supervision, direction and control of the business of the
Association. The President shall be ex-officio a member of all standing committees, and he
shall have such other powers and duties as may be prescribed by the Board of Directors or
these Bylaws of the Association.
Section 6. Vice President. The Vice President shall take the place of the President and
perform his duties whenever the President shall be absent, disabled, refuses or unable to
act. If neither the President nor the Vice President is able to act, the Board of Directors shall
appoint some other member of the Board to do so on an interim basis. The Vice President
shall also perform such other duties as shall from time to time be imposed upon him by the
Board of Directors or these Bylaws of the Association.
Section 7. Secretary. The Secretary shall keep the minutes of all meetings of the
Board of Directors and the minutes of all meetings of the Association at the principal office
of the Association or at such other places as the Board of Directors may order. The
Secretary shall keep the seal of the Association in safe custody and .shall have charge of
such books and papers as the Board of Directors may direct; and the Secretary shalt in
general perform all of the duties incident to the office of Secretary. The Secretary shall
give, or cause to be given, notice of meetings of the Members of the Association and of the
Board of Directors required by these Bylaws or by law to be given. The Secretary shall
maintain a book of record Owners, listing the names and addresses of the Owners as
furnished by the Association, and such books shall be changed only at such time as
satisfactory evidence of a change in ownership of a Unit is presented to the Secretary. The
Secretary shall perform such other duties as may be prescribed by the Board of Directors.
Section 8. Treasurer. The Treasurer shall have responsibility for Association funds
and securities and shall be responsible for keepil)g, or causing to be kept, full and accurate
accounts, tax records and business transactio~ of the Association, including accounts of
all assets, liabilities, receipts and disbursements,in books belonging to the Association. The
Treasurer shall be responsible for the deposit of all monies and other valuable effects in the
name, and to the credit of the Association in such depositories as may from time to time
be designated by the Board of Directors. The Treasurer shall co-sign all promissory notes
on behalf of the Association. The Treasurer shall disburse the funds of the Association as
.'
may be ordered by the Board of Directors, in accordance with the Declaration, shall render
to the President and Directors, upon request, an account of all of his transactions as
Treasurer and of the financial conditions of the Association, and shall have such other
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powers and perform such other duties as may be prescribed by the Board of Directors or
these Bylaws.
ARTICLE VI
OBLIGATIONS OF OWNERS FOR ASSESSMENTS
Section 1. Payment. The Association shall obtain funds with which to operate by
assessment of the members of each Member in accordance with the provisions of the
Declaration as supplemented by the provisions of the Articles of the Association relating
thereto. Said assessments shall be payable monthly, in advance, without notice, and shall
be due on the first day of each month. Unless otherwise required by the Board,
assessments may not be made payable less frequently than monthly.
Section 2. Special Assessments. Special Assessments for charges by the Association
against Members for other than Common Expenses or for Common Expenses for
emergencies that cannot be paid from the annual Assessments for Common Expenses shall
be levied in the same manner as herein provided for regular Assessments, except that
notice thereof shall be given and they shall be payable in the manner determin~d by the
Board.
Section 3. Past Due Assessments. Assessments and installments thereon not paid
when due shall bear interest from the date when due until paid at the rate set forth in the
Declaration and shall result in the filing of a claim of lien as set forth in the Declaration.
Section 4. Default. As more fully provided in the Declaration, each Member is
obligated to pay to the Association annual and special assessments which are secured by
a continuing lien upon the property against which the assessment is made. Any
assessment, if not paid within thirty (30) <;lays ;after the due date, shall bear interest from
the date of delinquency at the rate of eighteen percent (18%) per annum, and the
Association may bring an action at law against the Owner personally obligated to pay the
same or foreclose the lien against the property, and interest, costs, and reasonable
attorney's fees of any such action shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by
nonuse of the Common Area or abandonment of his Unit.
ARTICLE VII
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AMENDMENTS TO BYLAWS
Section 1. Proposal. Amendments to these Bylaws may be proposed by the Board of
Directors (the "Board") of the Association by resolutions adopted by a majority vote of the
Directors present at any regular or special meeting of the Board at which a quorum is
present or, in the alternative, by a written instrument signed by a majority of the Board, or
by the vote of a majority of a quorum of Members present in person or by proxy at a
special or regular meeting of the Members or by written instrument signed by them. Such
proposed amendment or amendments shall be transmitted to the President of the
Association, or the acting cruef executive officer in the absence of the President, who shall
thereupon call a Special Meeting of the Members of the Association not later than sixty (60)
days from the receipt by him of the proposed amendment or amendments.
Section 2. Notice. It shall be the duty of the Secretary to give each Member written
notice of such meeting, stating the proposed amendment or amendments in reasonably
detailed form, which notice shall be prepared by and at the expense of the Community
Association and mailed by the Community Asso~iation or presented personally to each
Member not less than thirty (30) days nor more than sixty (60) days before the date set for
the meeting. If mailed, such notice shall be dee:med to be properly given when deposited
in the United States mail, addressed to the MeQ:lber at his post office address as it appears
on the records of the Association, with postage thereupon prepaid. Any Member may, by
written waiver of notice signed by such Member, waive such notice, and such waiver when
filed in the records of the Community Association, whether before, during or after the
holding of the meeting, shall be deemed equivalent to the giving of such notice to such
Member. The notice shall also contain a copy of a proxy that can be cast .in lieu of
attendance at the meeting.
Section 3. Resolution. At the meeting at w:hich the amendment is to be proposed and
considered, a resolution for the adoption of the pr~posed amendment may be made by any
member of the Board of Directors of the Association, or by any Member of the Association,
present in person or by proxy. The approval of,a resolution for the adoption of a proposed
amendment to these Bylaws shall require the affirmative vote of a majority of the members
of the Board of Directors of the Association.
Section 4. Approval. Amendments may be approved by the Members, after receipt
of notice as set forth above, either (1) by the affirmative vote of at least 67% of the Class A
Members (i.e. all Members except the Declarant and any Builder who retain Class B or
Class C status) who are present, in person or by proxy, and voting at a meeting called as
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described in the notice and conducted by the Community Associations at which a quorum
is present, and the vote of the Declarant, or (2) by the written consent of at least 67% of all
Class A Members and the Declarant (if the Declarant then retains Class B status) to any
action taken in lieu of a meeting. In addition to the approval of the Members and the
Declarant set forth above, the following conditions shall apply:
a. Any Material Amendment or Extraordinary Action (as
defined in the Declaration) that changes the rights of any specific class of Members (i.e.
Class A; Class B; or Class C) must also be approved either (1) by the affirmative vote of at
least 51 % of the Members of such Class who are present, in person or by proxy, and voting
at meetings called as described in the required notice at-which a quorum of such Class of
Members is present, or (2) by the written consent of at least 51 % of all Members of such
Class to any action taken in lieu of a meeting. ,
b. Any Material Amendment or Extraordinary Action
proposed during the period in which the Declarant retains its Class B status must also be
approved by the Federal Housing Administration ("FHA"), and the Department of
Veterans Affairs ("V A") if any Unit within the Property has been financed by a mortgage
insured by FHA or guaranteed by V A. The Association shall deliver written notice of the
proposed Material Amendment or Extraordinary Action to the FHA and V A
simultaneously with its notice to the Members. If the FHA or V A fails to deliver written
notice to the Association of its objection to the proposed Material Amendment or
I
Extraordinary Action within 30 days after receipt of. the notice, FHA and V A will be
deemed to have approved the matters contained in the notice, and the Association shall be
entitled to record an affidavit signed by an authorized officer averring that written notice
was delivered to the FHA and V A and no objection was timely received from such
agencIes.
Notwithstanding the foregoing, .during the period in which the Declarant
retains the status of the Class liB" Member, the Declarant shall have the right to amend
these Bylaws, without the necessity of joinder by the Members or any other persons or
entities, to make nonsubstantial changes that do not materially or adversely affect the
interests of other Members or other affected parties, and to clarify any ambiguities or
conflicts, or correct any scriveners' errors in these Bylaws.
Section 5. Limitation. No amendment shall make any changes in the qualification
for membership nor in the voting rights or property rights of Members without approval
of sixty-seven percent (67%) of the votes of each class of Members and the joinder of all
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Eligible Holders (as defined in the Declaration) of mortgages upon Units. No amendment
shall be made that is in conflict with the Declaration, nor shall any amendment make any
changes which would in any way affect any of the rights, privileges, powers or options
herein provided in favor of or reserved to the Declarant, or the designated successor of the
Declarant, unless the Declarant or such successor shall join in the execution of the
amendment.
Section 6. Recording. Such amendment or amendments of these Bylaws shall be
transcribed and certified in such form as may be necessary to file the same in the office of
the Association and shall be recorded in the Public Records of Seminole County, Florida
within thirty (30) days from the date on which the same is approved.
ARTICLE VIII
MORTGAGES
Section 1. Notice to Association. An Owner who mortgages his Unit shall notify the
Association through the managing agent or the Secretary of the Board of Directors in the
event there is no managing agent, of the name and address of his Mortgagee and the
Association shall maintain such information in a book entitled "Mortgagees of Units". Any
such Owner shall likewise notify the Association as to the release or discharge of any such
mortgage.
Section 2. Notice of Unpaid Assessments. The Board of Directors of the Association
shall at the request of a Mortgagee of a Unit report any unpaid assessments due from the
Owner of such Unit, in accordance with the provisions of the Declaration.
ARTICLE IX
MEANING OF TERMS
All terms appearing herein initially capitalized shall have the same meanings as are
applied to such terms in the Declaration, which terms include without limitation:
"Owner", "Board", "Unit", "Articles", "Member", "Mortgage", "Mortgagee", and "Common
Assessments" .
ARTICLE X
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CONFLICTING PROVISIONS
In case any of these Bylaws conflict with any provisions of the laws of the State of
Florida, such conflicting Bylaws shall be null and void upon final Court determination to
such effect, but all other Bylaws shall remain in full force and effect. In a case of any
conflict between the Articles and these Bylaws, the Articles shall control; and in the case
of conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE XI
MISCELLANEOUS
Section 1. Execution of Documents. The Board of Directors, except as in these Bylaws
otherwise provided, may authorize any officer or officers, agent or agents, to enter into any
contract or execute any instrument in the name, and on behalf of the Association, and such
authority may be general or confined to specific instances; and unless so authorized by the
Board of Directors, no officer, agent, committee member, or employee shall have any
power or authority to bind the Association by any contract or engagement or to bind the
Association by any contract or engagement or to pledge its credit or to render it liable for
any purpose or in any amount. '.
Section 2. Inspection of Bylaws. The Association shall keep in its office for the
transaction of business the original or a copy .of these Bylaws as amended or otherwise
altered to date, certified by the Secretary, which shall be open to inspection by the
Members and all First Mortgagees at all reasonable times during office hours.
Section 3. Fiscal Year. The fiscal year of the Association shall be determined by the
Board of Directors and having been so determined is subject to change from time to time
as the Board of Directors shall determine.
Section 4. Membership Book. The Association shall keep and maintain in its office for
the transaction of business a book containing the name and address of each Member.
Termination or transfer of ownership of any Unit by an Owner shall be recorded in the
book together with the date on which such ownership was transferred, in accordance with
the provisions of the Declaration.
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, Secretary
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DESCRIPTION OF THE INITIAL COMMON PROPERTY OF
THE ASSOCIATION
Tracts E, F, H, I, J, K and L of Parkstone, Unit 1, a subdivision of the
City of Winter Springs, Florida, according to the Platthereof recorded
in Plat Book , Pages of the Public Records
of Seminole County, Florida.
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DESCRIPTION OF THE UNDEVELOPED PARCEL ELIGIBLE
FOR INCLUSION IN THE ASSOCIATION
Lots 4,5, 6 and 7 of Block C and Lots 5, 6 and 7 and the West half (112)
of Lot 4 of Block D, of D. R. Mitchell's Survey of the Levy Grant on
Lake Jessup, according to the Plat thereof recorded in Plat Book I,
Page 5 of the Public Records of Seminole County, Florida;
TOGETHER WITH:
That part of Lot 9, Bock D, of D. R. .Mitchell's Survey of the Levy
Grant on Lake Jessup, according to the Plat thereof recorded in Plat
Book t Page 5 of the Public Records of Seminole County, Florida,
lying Southeasterly of Lot E of Chase and Company's Subdivision of
Wagner, according to the Plat thereof recorded in Plat Book 6, Page 64
of the Public Records of Seminole County, Florida, and lying North.of
the North right-of-way line of the Atlantic Coast Line Railroad - Lake
Charm Branch as shown on said Plat of Chase and Company's
Subdivision of Wagner;
TOGETHER WITH:
Lots B, C and D, and the South 952.92 feet of Lot A of Chase and
Company's Subdivision of Wagner, according to the Plat thereof
recorded in Plat Book 6, Page 64 of the Public Records of Seminole
County, Florida;
CONTINUED NEXT PAGE
g: \legal\dccr\prkstn8. dcr
revised 63099
-79-
.", -:).
EXHIBIT "E" CONTINUED
TOGETHER WITH:
That portion of the right-of-way of Orange Avenue abutting the
a bove-described lands depicted on D. R. Mitchell's Survey of the Levy
Grant on Lake Jessup, according to the Plat thereof recorded in Plat
Book t Page 5 of the Public Records of Seminole County, Florida, and
on Chase and Company's Subdivision of Wagner, according to the
Plat thereof recorded in Plat Book 6, Page 64 of the Public Records of
Seminole County, Florida, that has been abandoned;
LESS AND EXCEPT:
Lots 1 through 86, both inclusive, and Lots 99 through 142, both
inclusive, and Tracts E, F, H, t J, K and L of Parkstone, Unit 1, a
subdivision of the City of Winter Springs, Florida, according to the
Plat thereof recorded in Plat Book. , Pages
of the Public Records of Seminole County, Florida.
g: \legal\dccr\prkstn8. dcr
revised 63099
-80-
;:
....-il.\i.
, I
EXHIBIT "P'
LEGAL DESCRIPTION OF THE "FENCE/LANDSCAPE
EASEMENT"
The Westerly ten feet (10') of Lot 67; and the Southerly ten feet (10') of
Lots 77 through 86, both inclusive; and the Westerly ten feet (10') of
Lots 117 through 122, both inclusive; and the Southerly ten feet (10')
of Lots 123 through 131, both inclusive; and the Southerly ten feet (10')
of Tract K of Parkstone, Unit I, a subdivision of the City of Winter
Springs, Florida, according to the Plat thereof recorded in Plat Book
I Pages of the Public Records of Seminole
County, Florida;
TOGETHER WITH:
,
The Northerly ten feet (10') of Tract C, and the Westerly ten feet (10')
of Tract C, and the Southerly fifteen feet (IS') of Tract C, and the
Easterly twenty feet (20') of Tract C, and the Northeasterly twenty feet
(20') of Tract C of Parkstone, Unit I, AND The Westerly ten feet (10')
of Tract A, and the Southerly fifteen feet (15') of Tract A of Parkstone,
Unit I, AND The Southerly fifteen feet (151) of Tract B, and the
Easterly twenty feet (20') of Tract B of Parkstone, Unit I, AND The
Westerly twenty feet (20') of Tract D, ilnd the Southerly fifteen feet
(15') of Tract D, and the Easterly ten feet (10') of Tract D, and the
Northerly ten feet (10') of Tract D of Parkstone, Unit t a subdivision
of the City of Winter Springs, Florida, according to the Plat thereof
recorded in Plat Book I Pages of the Public
Records of Seminole County, Florida, all as described in that certain
Non-Exclusive Community Wale Fence, Signage and Landscape
Easement recorded in Official Records Book 3582, Page 1998 of the
Public Records of Seminole County, Florida.
g :\lega I'd ccr\prkstn8. dcr
revised 63099
-81-
. PARKS TONE
UNIT
SHEET 1
1
!I
A REPLAT OF A PORTION OF BLOCKS C AND D, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5
AND CHASE AND COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6,
LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
PAGE 64
EAST
DESCRIPTION:
SURVEYOR'S NOTES:
- Bearings based on the South line of Lot D, CHASE AND COMPANy'S
SUBDIVISION OF WAGNER, as recorded in Plot Book 6, Page 64, of the
Public Records of Seminole County, Florida, os being S 83'54'55" W (on
assumed meridian).
- All lines intersecting curves ore non-radial unless otherwise noted os Radial (R).
- Vehicular access rights from Commercial Tracts A, B, C and D to State Rood
434 ore hereby dedicated to the City of Winter Springs.
- Buitding Setbacks for Lots:
Front 20 feet
Rear 20 feet
Side 5 feet
Side Street 15 feet
- Utility easements ore hereby established os follows (unless noted):
5' along alt side lot lines.
10' along all front lot lines, side lot tines abutting streets and tract lines abutting
streets. '
- Tracts A, Bond C are Commercial Tracts owned and maintained by Oviedo V Ltd.
- Tract D is 0 Commerc/QIJrQC1.o'(med and maintained by Gory Gamble (Owner)
with on Emerg.,,((~,;~SS Easement dedicated to the City of Winter Springs.
- Tracts E, F and K afe Stormwater Management Areas owned and maintained
by the Parkstone Homeowner's Association with 0 drainage easement dedicated
to the City of Winter Springs.
- Tract H is 0 Common Area to be owned and maintained by the Porkstone
Homeowner's Association with 0 Drainage and Utitity easement dedicated to the
City of Winter Springs.
- Tract I is an Access Tract to be owned in Fee Simple and maintained by the
Leffler Company, or its Nominee.
- Tract J is a Common Area to be owned and maintained by the Parkstone
Homeowner's Association with 0 Drainage and Utility easement dedicated to the
City of Winter Springs.
- Tract L is a Pork Tract to be owned and maintained by the Parkstone
Homeowner's Association.
- The sign, wall and landscape easements are dedicated to and maintained by the
Parkstone Homeowner's Association.
That part of Lots 6 and 7, Block C, and Lots 6 and 7, Block D, D. R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according
to the plot thereof, os recorded in Plot Book " Page 5, Public Records of Seminole
County, Florida,
AND:
That port of Lots A, B, C and D, CHASE AND COMPANY'S SUBDIVISION OF
WAGNER, according to the plot thereof, os recorded in Plot Book 6, Page 64,
Public Records of Seminole County, Florida,
Described os follows:
"
Begin at the Southwest comer of said Lot 7, Block D, D. R. MITCHELL'S
SURVEY OF THE LEVY GRANT ON LAKE JESSUP; thence run
S 83.54'55" W along the South line of said Lot 0, CHASE AND COMPANy'S
SUBDIVISION OF WAGNER, for a distance of 505.62 feet; thence run
N 06'05'05" W for 0 distance of 735.00 feet; thence run S 83.54'55" W for 0
distance of '.4.00 feet; thence run N 06'05'05" W for 0 distance of 85.00 feet;
thence run S 83.54'55" W for 0 distance of 360.00 feet; thence run S 86;4'13" W
for 0 distance of 50.04 feet; thence run N 65.23'40" W for 0 distance of 227.30 feet
to 0 point on the West tine of Lot D of said CHASE AND COMPANY'S
SUBDIVISION OF' WA~; lPiM\c4e run ~' b,'eT1~ansng JbM _.U..4IAe.
for 0 distance of 100.00 feet to the Northwest corner thereof; thence run
S 83.28'41" W along the South tine of Lot A of said CHASE AND COMPANy'S
SUBDIVISION OF WAGNER for 0 distance of 809.39 feet to the Southwest
comer thereof; thence run N 07'00'50" W along the West line of said Lot A for a
distance of 952.95 feet to the North tine of the South 952.92 feet of said Lot A;
thence run N 83.28'41" E along said North tine for a distance of 497.23 feet to the
water's edge of Lake Jessup; said point also being Reference Point "A"; thence run
Easterly along said water's edge 1990 feet more or less to 0 point on said water's
ed2e lying S 89.44'37" E 0 distance of 1961.50 feet from said Reference Point
"A; thence run the following 1 3 courses: thence run S 00; 1'02" W for a distance
of 217.89 feet; thence run S 54.42'51" E for 0 distance of 76.33 feet; thence run
S 15'29'21" E for 0 distance of 145.28 feet; thence run 11'24'34" E for a distance
of 158.44 feet; thence run S 61'40'34" E for 0 distance of 312.33 feet; thence run
S 33;1'48" W for 0 distance of 120.14 feet; thence run S 36'56'11" E for 0
distance of 28.47 feet; thence run S 42.37'37" W for 0 distance of 137.03 feet;
thence run S 5318'51" W for 0 distance of 46.62 feet; thence run S 88;5'13" W
for 0 distance of 40.12 feet; thence run N 70;6'22" W for a distance of 48.53 feet;
thence run S 18'58'22" W for 0 distance of 105.35 feet; thence run S 33'28'21" W
for 0 distance of 50.30 feet to a point on 0 non-tangent curve concave Southeasterly
having 0 radius of 25.00 feet and 0 chord bearing of S 58"28'12" W: thence run
Southwesterly along the arc of said curve through a central angle of 129;0'19" for
o distance of 56.36 feet to the point of tangency: thence run S 06'06'57" E for 0
distance of 431.02 feet; thence run N 83'53'03" E for (} distance of 315.33 feet;
thence run S 06'06'57" E for 0 distance of 235.00 feet to a point on the South tine.
of the aforementioned Lot 6, Block D, of said D. R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP; thence run S 83.53'03" W along said
South line and the South tine of said Lot 7, Block D, for 0 distance of 604.76 feet
to the POIN T OF BEGINNING.
- The 20' drainage easement through Tracts E and H are for the benefit of the
public and Tracts A, B, C and D.
- The conservation easement North of Lots 19 through 34 and 102 through 117
is dedicated to the St. Johns River Water Management District. No clearing,
dredging or filling is permitted without prior approval by the District.
- Pork Area to be constructed at time of the 100th. building permit issuance.
- Subject to easement and agreement for drainage and utilities recorded
in ORB 3582, PAGE 2008.
- Zoning is PUD.
....c
.
.
Containing 76.442 acres more or less.
LEGEND
(R) = RADIAL
C53 ... aJRVE NUMBER (SEE TABLE)
L14 .. UNE NUMBER (SEE TABLE)
A = CENTRAL ANGLE
R = RADIUS
L .. ARC LENGTH
CB = CHORD BEARING
ct. = CENTERUNE
R/W ... RIGHT-OF-WAY
NT - NON-TANGENT
(R) .. RADIAL
PT = POINT OF TANGENCY
PC = POINT OF CURVATURE
PCC = POINT OF COMPOUND CURVATURE
PRC = POINT OF REVERSE aJRVATURE
ORB- OffICIAL RECORD BOOK
PB ... PLAT BOOK
PG = PAGE
DE = DRAINAGE EASEMENT
UE = UTlUTY EASEMENT
SWLE = SIGN, WALL AND LANDSCAPE EASEMENT
o c!c U E = DRAINAGE AND UTlUTY EASEMENT
LE = LANDSCAPE EASEMENT
IR = IRON ROD
IP = IRON PIPE
CM z CONCRETE MONUMENT
LB = UCENSED BUSINESS
PLS = PROFESSIONAL LAND SURVEYOR
CCR .. CERTI~ED CORNER RECORD
SEC 35-20-30 = SECTION 35. TOWNSHIP 20 SOUTH,
RANGE 30 EAST
LAKE JESSUP
SHEET 4
SITE
S.R. 434
aJ~
Oz
Co
r-
MZ
<e>
>
::;OJ:
00
r
r
o
~
LOCATION MAP/KEY MAP
(NOT TO SCALE)
~
= DENOTES PERMANENT REFERENCE MONUMENT
(SET 4"X4- CONCRElE MONUMENT 15359
UNLESS OTHERWISE NOTED)
PER CHAPTER 177, FLORIDA STATUlES.
= DENOTES PERMANENT CONTROl POINT
(SET 60 PENNY NAlL AND DISK 15359)
PER CHAPTER 177, FLORIDA STATUTES.
NOTICE: This plot, os recorded in its graphic form, is
the official depiction of the subdivided lands described
herein and will in no circumstances be supplanted in
authority by any other graphic or digital form of the
plot. There may be additional restrictions that ore not
recorded on thiS plot that may be found in the public
records of this county. .
~-
Or
5
".
1.1 DONALD W. MciNTOSH AS5OaATES. INC.
ENGINEERS PLANNERS SURVEYORS
. 2200 PARK AVENUE NORTH. WlNlER PARK. FUlRlOA J27l1t (407) li44-4OIlI
"!
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PLA T BOOK
PARKSTONE UNIT
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That the corporation
named below, being an owner in fee simple of the lands
described in the foregoing caption to this plat, hereby
dedicates said lands and plat for the uses and purposes
therein expressed and dedicates the Drainage and Utility easements
and Tract -G" (Lift Station Tract) to the perpetual use of the public.
PAGE
1
IN WITNESS WHEREOF, has caused these presents to be
signed by the officer named below on...JM"A.:a..\..f.'oI'-~ .
CENTEX HOMES
a Nevada general partnership
385 Douglas Avenue, Suite 2000
Altamonte Springs, FL 32714
By: CENTEX REAL ESTATE CORPORATION,
a Nevada orpor Managing Partner'
!,
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-
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Gre ePera
Division President
Signed .~.(J~~.~.~.~~;:.~~~.~~~ presence of:
Signature ~
P~TEA ~E: .tJ~~....l.~..'!.~~
s~~~................. .7...........
PRINTED NAME: ...IlI"~M...f:i.,uJIA.t
STATE OF FLORIDA
COUNlY OF SEMINOLE
The foregoing instrument was acknowledged before me
this..J~..?::~J..~~.'.'- by Greg LePera, Division President
of CENTEX REAL ESTATE CORPORATION
a NEVADA corporation, on behalf of the
corporation. He is personallv known to me or has
produced....................~............ as ident' ication and ~""'''IIt'''',''''
did/did not take an oa . . 4 ~~~~'v'- S~~.~G!: ~~
~ I~ - .... SSI .... ~ ~
. ......... ~. S .. t"~'.. ~':l~~\ ?,Oft4.0 -r ~
Pn me' l\ c.' ....c.. ..". -" - ~\. "',.?, .. ~
'.. f...... ........:)- ._....:~ ~ lb. ~
-*. ~ ..,.-
NOTARY PUBLIC ::: ... :. =
=z. · =
COMMISSION NUMBER ...~~~l~/C!:fWlZ49 l~i
MY COMMISSION EXPIRE~~;...1-~~I1"tIll~\\} .~7
*"
"''' '81 ....... '" ,~
""l ~/C. ST"'~ v :\,'
11111II/fllII"'"
I hereby certify that this plat is a true and correct
representation of the lands surveyed, that the survey was
made under my responsible direction and supervision, and
that the survey data contained herein complies with all of
the requirements of Chapter 177 of the Florida Statutes.
I further certify that I have complied with the requirements
of Chapter 177.091 (7) regarding "permanent reference
monuments", and that the land is located within
Seminole County, Florida.
CERTIFICATE OF SURVEYOR
\ .
" I ,
',' .,: (
. .
DONALD W. MciNTOSH ASSOCIATES INC.
2200 PARK AVE. N.
WINTER PARK, FL. 32789
CERTlFlCAlJ OF AUTHORIZA TlON #,-868 ' .
(-) /~ I ~ ~~ Dated.."UN~.:?~,..~~~.~... .
~~~~Dtu~:~:..... ~:.~~.......................... . \:
Registratio~:~ .~.~~~..... ..........
CERTIFICATE OF' APPROVAL
BY MUNICIPALITY
THIS IS TO CERTIFY, That on.................................
the ............................ ................... ...........................
............................................ .approved the foregoing plat.
ATTEST: MAYOR
.................................................................... CITY CLERK
CERTIACATE OF' SURVEYOR REPRESENTING CITY
I hereby certify that I have examined the foregoing plat
and find it to comply in form with the requirements of
Ch~Pter 177. Florido Stotutes.o _
By.. -L-~ ~- vC
Printed Nome: C. ROBERT SMART PROFESSIONAL SURVE:YOR Ie MAPPER
Florida Certificate No. 1781
CERTIFICATE OF CLERK OF CIRCUIT COURT
I HEREBY CERTIFY, That I have examined the
foregoing plat and find that it complies in form
with all the requirements of Chapter 177, Florida
Statutes, and was filed for record on .................
at. . . . ..... . .... . ...... . ..... . Fi Ie No... .... . ... ...... ..... ... ... . ... ... .. .
CLERK OF THE COURT
in and for Seminole County, Florida
BY .......... ..................... ........ ........ D.C.
PARKS TONE
UNIT
1
SHEET 2
OF
A REPLAT OF A PORTION OF BLOCKS C AND D, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5
AND CHASE AND COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6, PAGE 64
LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
~~'~
~!-'
5
PLA T BOOK
PAGE
PARKSTONE UNIT 1
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That the partnership
named below, being an owner in fee simple of the lands
described in the foregoing caption to this plat, hereby
dedicates said lands and plat for the uses and purposes
therein expressed.
IN WITNESS WHEREOF, has caused these"'pre~ents to be
signed by the officer named below ond.II.~Y.l2J~
OVIEDO V LTD.
a Florida limited partnership
2648 W. State Road 434
Longwood, FL 32750
By:
roperties Inc.
eneral Partner
presence of:
PRINTED NAME: ..~~.~.~.....:Ie~
Signature W:./tl~~"'"''';'l'''''
PRINTED NAM E;;J;;.!f.J.'1./tAtlllKe
STATE OF FLORIDA
COUNlY OF SEMINOLE
The foregoing instrument was acknowledged before me
this...1AV~~......... by Lyder R. Johnson, President of
Lincoln Commercial Properties Inc., General Portner
of OVIEDO V l TO.
a FLORIDA limited partnership, on behalf of the
partnership. He is personally known to me er n~u
fS. _d..""""d.................................. II ii!.fltifi~ati.:.1. and
~/did not take an oath. t:7
...d'~.....L~.~Ml7 ~
Printed Nome:...O~r.l~.'-~..7.A.t..h
NOTARY PUBLIC S? y~
COMMISSION NUMBER 'C.7....;.~...
MY COMMISSION EXPIRES V.-.~,t:~~
DARLENE TACKElT
MY COMMISSION" cr 7'~
EXPIRES, 01..2612002
1.1O().3.NOT^ Y Fl. NowyScrvKn"~CO
PARKSTONE UNIT 1
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That the company
named below, being an owner in fee simple of the lands
described in the foregoing caption to this plat. hereby
dedicates said lands and plat for the uses and purposes
therein expressed.
IN WITNESS WHEREOF, has caused theseJresents to be
signed by the officer named below on..;;L('/Al.e...~.I.~
LEFFLER COMPANY
1400 Windsor Avenue
Longwood. FL 32750-6830
LEFFUMPANY / ,r.::
Bf-I.~fh,~... .../: . ,-
Kenneth' M. Leffler ~
President
Si9~~9dna~::e ~~~'til{. d~ .i.ve~~~ i~...~~~..~:~~ence of:
PRINTED NAME: ..te:(iJ{...I2uPClf:L.
. si9n:~I:T~?Z:~~~~
STATE OF FLORIDA
COUNlY OF SEMINOLE
.1 DONALD W. MciNTOSH ASSOCIATES. INC.
ENQNEERS PlANNERS SURVEYORS
2200 PARI< A\o9lUE _lH. _lER PARI<. Fl.ORIOA J278ll (407) _~
The foregoing instrument was acknowledged before me
this.:l(~..~~,..~.,~. by Kenneth M. Leffler
of LEFFLER COMPANY
a FLORIDA, company, on behalf of the
company. He is personally known to me or has
produced....k(.~~lE............. as identification and
~/did not take an oath. J
( ....~-4.::~~.............
TondaJTaylo< Pri~~d Nome:.2L~~...~~.~
MyComminionCC~ARY PUBLIC
E.pir_ Sep, 18.2000 COMMISSION NUMBER ".~*.t~...
MY COMMISSION EXPIRE~l4~
..t '11.
~...~ ~,.
., ~ ~
~.~
~/"For f\a~
PARKSTONE UNIT 1
DEDICATION
KNOW ALL MEN BY THESE PRESENTS, That the individual
named below. being an owner in fee simple of the lands
described in the foregoing caption to this plat. hereby
dedicates said lands and plat for the uses and purposes
therein expressed.
IN WITNESS WHEREOF, has caused these presents to be
signed by the individual named below on...:r.fl.Mfi.Zz.;.~
GARY GAMBLE
2117 Blue Iris Place
Longwood, FL 32714
/f
By: GARY/GAMBLE I! (
:,,;~~,;;~
: g~~ec;J
Si9~~:n:~~~!1.?~~:.:~i7.~~nce of:
Si9n::lr:TEU~~~.~:~....
PRINTE~~: ---Jl.~.'!rJ.'1../t)J..~.e
STATE OF FLORIDA
COUNlY OF SEMINOLE
The foregoing instrument was acknowledged before me
this~.~.p:..lm... by Gory Gamble, Owner
He is personally known to me or has
LI <:..~~ 'd t'f' t' d
produced...............F.................. as I en I Ica Ion an
~did not take an oath.
.....' ".
.." .n ~~
~.,~
F 0' f\ll
~~~..........
E......Sep. tl.2OOprinted Nome: ..... .1.~~..;r..!M.~
NOTARY PUBLIC e.51!J(,"",
COMMISSION NUMBER ~.....................
MY COMMISSION EXPIRES ~.!.&~
\ /
~ ;\
t 10.00'
6.76' I
+----
f
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t
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/
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t
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L27
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/
/
/
I
/ roaR CONnNUA nON
IS[[ SHEET 5 r.
/
/
/
/
./
......-
SHEET
PARKS TONE
UNIT
1
~
~w
,,~
II
!
\;:.
A REPLAT OF A PORTION OF BLOCKS C AND D, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE 5
AND CHASE AND COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6, PAGE
LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30 EAST
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
64
\
~~ \
"'-...I
o \
D.R. MITCHELL'S SURVEY OF
TH[ L[VY GRANT ON LAK[ JESSUP
PLA T BOOK " PAGE: 5
LOT 6
BLOCK C
15
18
TRACT L
PARK
TRACT E
STORMWA TER
MANAGEMENT AREA
"\....
"-
""
-......
,
NGRESS ANDOR~Gfj~~)
EASEMENT.
PAGE: 2021
DETAIL -B-
1-=50'
LINE TABLE
NUMBER BEARING DISTANCE
L2 N20'34'44-E S.14'
LJ N69'25'16-W 1.07'
L4 N69'25'16-W 10.11'
L5 520'34'44 -W 7.00'
L7 N69'25'16-W 5.35'
U2 569'25'16-E 13.95'
U3 520'34'44-W 55.14'
U4 N18'27'067w 59.73'
U5 569'25'16-E 10.11'
U6 N20'34'44-[ 49.70'
U7 N69'25'16-W 15.11'
U8 N20'34 '44-[ 30.00'
U9 N69"25'16-W 34.89'
L22 H12'S"6 f: 69.00'
L23 N12'1S'16-[ 72.73'
L24 N03'3O'21-W 18.04'
L25 N03'30'21-W 16.08' .lu z
0
L26 N83'52'10-[ 40.00' ::::" OI~
<:s~
L27 N83'52'10-E 40.00' 58 ~~ 57 0\'
.0
~. 00
" ... 0\ .
U, L6. L8 THROUGH UI AND L20 ." 0'" ,
AND L21 INTENTIONALLY LEFT OUT ~
LOT 0 b,l
CHASE AND COMPANy'S ~~ El
SUBDIVISION OF WAGNER ./ ~P'
PLA T BOOK 6, PAGE: 64 #- El. ,/
~0~
/: \.~\).. ~~~l
./ ~~0~ /(j.
./ t-'1v ./ \.~
G~ ./
&-~~ ./
C17= CURVE NUMBER (SEE TABLE)
L14 =. UNE NUMBER (SEE TABLE)
~ .. CENTRAL ANGLE
R = RADIUS
l = ARC LENGTH
C8 .. CHORD BEARING
<t .. CENTERUNE
R/W = RIGHT-OF-WAY
NT = NON-TANGENT
(R) .. RADIAL
PT = POINT OF T ANCENCY
PC = POINT Of CURVATURE
PCC.. POINT OF COMPOUND CURVATURE
PRC '"" POINT OF REVERSE CURVATURE
ORB- OFFlCl~ RECORD BOOK
PB = PLAT BOOK
PG = PACE
DE .. DRAINAGE EASEMENT
UE .. UTILITY EASEMENT
SWLE .. SIGN, WALL AND lANDSCAPE EASEMENT
LE .. lANDSCAPE EASEMENT
D '" U E = DRAINAGE AND UTlUTY EASEMENT
CM .. CONCRETE MONUMENT
lB .. LICENSED BUSINESS
PlS.. PROFESSIONAL LAND SURVEYOR
CCR .. CERTIFIED CORNER RECORD
SEC 35-20-30 .. SECTION 35, TO~SHIP 20 SOUTH,
RANGE 30 EAST
~ .. DENOTES PERMANENT REFERENCE MONUMENT
" (SET 4"X4" CONCRETE MONUMENT 15359
UNLESS OTHERWISE NOTED)
PER CHAPTER 177, flORIDA STATUTES.
'+-- ... DENOTES PERMANENT CONTROl POINT
(SET 60 PENNY NAil AND DISK 15359)
PER CHAPTER 177, flORIDA STATUTES.
NOTICE: This plat. 01 recorded In Its graphic form. Is
the official depiction of the subdivided tands described
herein and wll In no circumstances be supplanted In
authority by any other graphic or digital form of the
plat. There may be addrtlonal restrictions that are not
recorded on thIs plat that may be found In the public
records of this county,
I_I DONALD W~ MciNTOSH ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARI< AVENUE NORlH, W1NlER PARI<. FlORIDA 32789 (407) ~-4068
-......
-......
- -
. ----
LEGEND
File name: F: \C\5\961S1 \SHfU2
16
17
48
9
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S84"OO'10-W
110.00'
49
TRACT E
STORMWA TfR
AlANAGafENT AREA
(DRAINAGE EASEMENT)
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I ~ ~ ~ ~ I IS' LANDSCAPE
S~~ .\ o. ~ M 0 .......1-; ~ l
(ORB 3582, . .'<,11 ~ ~ . Ql I ~~~q..:'~. 5 LINE LOT 6
PAGE 1998) ~.()~ I Ql '-' ~ ~ I J'",-~ ..1.>..
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_ - ^.... 76' (ORB 3177. PAGE
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la' WALL &: LA~S'998)
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'TRACT D
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\
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LOT 6
BLOCK 0
LOT 7
BLOCK 0
D.R. MITCHELL'S SURVEY OF
TH[ LEVY GRANT ON LAKE JESSUP
PLA T BOOK " PAGE 5
'TRACT C
COMMERCIAL
\
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, ANDSCAPE EASEMENT} _ _ ,
(~~ 3582, ~~1998) _ -~'54'55-W 190.05
-83-'54'55-r275.oo' ~~62'
N "S4'SS.W 07U-
SBJ GE 632)-...."., 5 LINE LOT 0
(ORB 3177, PA _ ,_ -
-
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. AC~~/~~~TI~AGE: 20.37)
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- UTILITY EASEMENT
ACC7~/~g56. PAGE 1777) 34
STA TE ROAD NO. 4
-
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-
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OF
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--
-----
-
---...
/""
......- UTILITY EASEMENT
./
./
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- 6 PAGE: 64)
- - (PLAT BOOK '
ORANGE AVE~u;r ~N~ DETAIL -A-
~ -.... - _1.--50'_
"---LOT 6
SJ6"slJ'u-r BLOCK D
8.47 D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT 0tlI LAKE .E.SSUP
PLA T BOOK " PAG[ S
/""
'...-
--
CURVE TABLE
NUMBf, DELTA RADIUS LENGTH CHORD TANGE:NT B[ARING
C.3 65'55'02- 300.00 .345.14 .326.42 194.51 S.36'27'46-E
C4 63'20'11- 100.00 110.54 10~.00 61.68 55214'49-'"
CS 63'20'11- 125.00 138.18 131.2S 77.11 N52'14'49-E
C6 90'O()'00- 25.00 39.27 35..36 25.00 N65'.J4'44-E
C7 69'04'31- 2S.00 30.14 28.35 17.21 S.J4 '53'01-[
C8 68'06'21- 115.00 1.36.70 128.79 77.72 S34"23'56"E:
C9 62'20'10- 25.00 27.20 25.88 15.12 53717'02-[
Cl0 63'11'23" 25.00 27.57 26.20 15.38 Nl717'OrW
Cll 152'48'22- 115.00 306.70 223.S5 475.46 N62'05'.36-W
C12 69'04'31- 25.00 30.14 28.35 17.21 576'02'28"W
C13 65'55'02- 27S.00 316.38 299.22 178.30 N36"27'46-W
C14 60'00'1 r 325.00 340.37 325.02 187.66 N33'30'23-W
C15 84'OS'16" 25.00 .36.69 33.48 22.54 521"27'54~E
C16 63"20'1'- 75.00 82.91 78.75 46.26 S52'14'49-W
C17 14'S9'Sr 125.00 32.72 32.63 16.46 N 76'24'S 7-[
CI8 32'37'SO- 125.00 71.19 70.23 36.59 NS2'J6'03-E
C19 15'42'2S- 125.00 34.27 .34.16 17.24 N28'25'56-[
C20 34'23'14- 115.00 69.02 67.99 35.58 SI7'32'23-[
C21 19'37'51- 275.00 94.22 93. 76 47.58 N59'J6'21-W
C22 24'09'18- 27S.00 l1S.94 115.08 58.84 N37'42'46-W
C23 19'39'04" 27S.00 94.32 93.86 47.63 N1S'48'3S-W
C26 11'30'30" 325.00 65.28 65.17 32.7S S10'34'01-[
C27 11'57'20" 325.00 67.82 67.69 .J4.03 52217'55-E
C28 12'01'29- 325.00 .68.21 68.08 34.23 534 '17'20-E
C29 14'06'33- 325.00 80.03 79.83 40.22 547'21'21-E
C30 09'05'54" 325.00 51.61 51.55 25.86 558'57'35-[
C37 33'43'06- 11S.00 67.68 66.70 34.85 551'3S'33-E
C38 10'36'29- 11 S. 00 21.29 21.26 10.68 NOS'39'OO"W
C39 .34'09'04- 2S.OO 14.90 14.68 7.68 586 "29'48-E
C40 34'S5'26- 2S.OO 15.24 15.00 7.86 NS8'57'56-E
C41 10'47'31" 115.00 21.66 21.63 10.86 N46'53'S9-E
C42 02'53'07- 325.00 16.37 16.J6 8.18 562'03'S8-[
C43 09'.32'S2- 75.00 12.50 12.48 6.26 N2S'21'10-E
C44 00'21'19- 175.00 1.09 1.09 0.54 S84'OS'3S-W
C1. C2, C24, C2S, AND C31 THROUGH C36 IN TEN TlONALL Y L[FT OUT
------
/""
-......
-......
./
./
/
/
/
/
/
/
/
I
I
I
I
LOT 6 \
BLOCK 0 \
10' LANDSCAPE EASEMENT
,
""
""
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I
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I i
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\ aJ
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I -1. 0
- - -,1-
----
'TRACT 9
COMMERCIAL
\
-- -===- -===- \
~ \
8 '\.
--. -- "
5.00' HICKS AVE:~E MITCHELLS
(PER PLAT ~E 'LEVY GRANT
~~~EOfJESSUP) ---., -...... _
/
/
./
./
DETAIL -C-
1-=100'
/""
--
-----
'==
0\
O.
100 0 100 200, 300
SCALE 1"
- 100'
PARKS TONE
OF A PORTION OF BLOCKS C AND
UNIT 1
D, D.R. MITCHELL'S SURVEY
THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1, PAGE
COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6,
35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
LAKE JESSUP ~
SHEET 4 OF
100 0 100 200 JOO
SCALE ,n = 100'
5
PLAT BOOK
A REPLAT
OF
AND CHASE AND
LOCATED IN SECTIONS
CITY OF
THE STA TE OF FLORIDA MA Y OWN OR CLAIM
OWNERSHIP OF THOSE LANDS LYING WA TERWARD
OF THE -ORDINARY HIGH WA TER UNE- WHICH MA Y
AFFeCT THE LOCA nON OF THE BOUNDARY UNE OF
PR TH
LOT 10
NC.
BL~I< RvEY of
D R MITCHELL 5 SU LAKE JESSUP NE 5 952 92'
. .EVY GRANT ON N LI .
THE L (PB ,. PG 5) T LOT A ,
25' UNNAMED PLATTED STRENE8J~8'41"E 497.23
(NOT oPEN)
380.26' 55.57 50.00'
101.79'
LEGEND
C53 .. CURVE NUMBER (SEE TABLE)
L14 .. UNE NUMBER (SEE TABLE)
NT .. NON-TANGENT
(R) - RADIAL
PB .. PLAT BOOK
PG .. PAGE
UE = Ul1UTY EASEMENT
DE .. DRAINAGE EASEMENT
UE .. LANDSCAPE EASEMENT
SWLE .. SIGN, WALL AND LANDSCAPE EASEMENT
__ .. DENOTES PERMANENT REFERENCE MONUIotENT
'" (SET 4NX4N CONCRETE MONUMENT 15359
UNLESS OTHERWISE NOTED)
PER CHAPTER 177, FLORIDA STAnlTES.
5
PAGE
EAST
64
APPROXIMA TE LOCA TlON
2.B FOOT [LEVA TlON
CONTOUR LINE
APPROXIAAA TE LOCA TlON
145.18'
20.00'
FOUND 4X4 CM
~LS 1585
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107
A
PAGE
--e-- = DENOTES PERMANENT CONTROl.. POINT
(SET 60 PENNY NAIL AND DISK 15359)
PER CHAPTER 177. flORIDA STAnlTES.
LINE TABLE
NUMBER BEARING DISTANCE
L 1 N77'5J'3SNE 29.20'
L2 N77'53'3SwE 17.51'
U NBJ'28'41wf SO.OO'
L4 NBJ'28'41NE SO.OO'
L5 N7217'10-f 15.80'
L6 N7217'10-f 5.96'
L7 NB4'08'lrE 13.54'
LB N84 '08'1 2Nf 2B.27'
L20 500'32'S4NE 25.00'
L27 551 '27'51 Nf 16.21'
L2B 551 '27'51 Nf 22.54'
L29 551'27'SlNE 13.35'
L30 N7S'S7'S2-f 10.55'
UI N7S'57'S2-E 26.25'
U2 N31'58'ISNW 75.60'
U3 506 'OS '05NE 35..38'
U4 N06 '05 'OSNW 15..38'
L35 N06'OS '05NW 35..38'
L36 N24'06 O4T 31.66
LJ7 561'4O'43-f 39.03'
L4S 517'20'l1NW 61.91'
L46 585'26 '22 NW 39.22'
L47 58S'26'22NW 23.40'
L4B 552'02 '58 NW 23.80'
L49 559'S3'02-W 20.74'
LSO 5S9'53'02NW 49.66'
L51 S87'36'26NW 22.76'
L52 587'36'26NW 36.67'
L53 N4S'05 '44 NW 42.56'
L54 N56 '07'42 NW 1.25'
LSS 574'40'3ONW 7.71'
L56 574'40'30-W 9.01'
L57 N7B'J4'50-W 67.76'
L58 N7B'34'SO Ww 8.00'
LS9 550'22 '40 NW 73.49'
L60 NB6"SS'5SNW 39.33'
L61 N86'SS'SSNW 53.51'
L62 5BS14'13NW 71.43'
L63 581'29'37NW 6.06'
L64 5Bl '29'3rW 76.70'
L6S S81'29'37NW 72.96'
L66 NS8'47'04-W 38.09'
L67 N58'47'04NW 20.59'
L6B 572'25'4rW 34.2B'
L69 572'2S'4rW 15.77'
L70 N61'09'3ONW 42.03'
L71 N61'09'30-W 42.05'
L72 N8412'24NW 15.75'
L73 N8412'24-W 47.6B'
L74 5S6'3S'S3-W 3.72'
L75 556'3S'S3NW 56.39'
L76 556'35'S3NW 4.7B'
L77 S66'47'39NW 47.94'
52 L7B 566'47'39-W 11.B9'
L79 551'59'21NW 45.65'
LBO 551 '59'21 NW 52.93'
L81 N70'OO'3ONW 5.76'
L82 N70'OO'30NW 55.56'
L83 N70'OO'30wW 8.19'
LB4 N88'09'SlNW 44.46'
LBS N88'09'SlNW 61.46'
L86 5S8'OO'49NW 35.27'
LB7 558'OO'49NW 35.48'
LB8 N84'23'37NW 42.50'
LB9 538'03'21NW 28.53'
L90 520'52 '30 NE 26.72'
L93 541'53'31NW 37.55'
L94 S74'51'13NW 36.49'
L9S N9O'OO 00 W f007'}'
L96 NS4'43'JSNW 41.28'
L97 N54'43'3S-W 79.94'
L98 590'00 '00 NW 8.18'
L99 N65 '58 '34 Ww 9.47'
L100 NS4'4J '35 Ww 32.51'
L101 N54'43'3S-W 44.88'
L102 N27'S4'56-W 25.06'
L103 N06'31'19 W 25.27'
L104 NOS'51'48NW 27.78'
L10S NOS'51'48-W 27.78'
L106 NOS'51'48wW 29.53'
L107 NOS'51'48-W 26.19'
L108 NOS'51'48-W 28.19'
L109 NOS'51'48-W 27.93'
L110 NOS'51'48-W 25.53'
L111 N05'51'48-W 30.41'
L112 NOS'51'48-W 25.53'
L113 NOS'51'48wW 31.34'
L114 N28'2S'44 NE 31.28'
L11S N06'31'19-W 25.02'
L116 N21'38'04-W 27.52'
L117 NOO'32'S4NW 25.56'
L11B NOO '32 '54 NW 25.86'
L119 NOO'32'S4NW 25.01'
L120 N14'02'SOwW 26.02'
L121 N27'58'12-W 27.24'
L122 N27'S8'12wW 35.17'
L123 N43'S7'56 NE SO.77'
L124 506'05 'OS NE 5..38'
L125 N83'54'SSwf 6.56'
L126 N281 9 'I 7-f 39.07'
L127 508'57'07NW 11.44'
L9 THROUGH 19 AND L21 THROUGH L2S
DONALD W. MciNTOSH ASSOCIATES. INC. L26, L.38 THROUGH L44, L91, AND L9Z
ENGINEERS PLANNERS SURVEYOR IN TEN TIONALL Y LfFT OU T
2200 PARK AVENUE NORlli, 'MNTER PARK. FLORtOA 32789 (407) 644-4068
~2~ 2
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120.00' I\,) N. 0. ~. ,0\.
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7~"55'05:W .; 'A TRAC~H -NIJ'28'4t-E 27Q.44' looP ,
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o -"oJ V 2......... 0 "... .. 0 ~ -a. - fQ" · 1""\ 0'-
'MTNE5S MONUMENT i !b ....0.,0.,. 1 ~ ~ 01. - CO. -. co.' ~ I"TI -70.2
N07'OO'50wW 20.oo? I \'yc,"J / 6~<'" ~ I"TI lT1 IO'LE LOT"C 'S
5W CORNfR LOT A~~ \ / / V'\: _ _ so,OO' CHASE AND ~=:~fR
OUND 1/2- IRON - -163.77- SUBDIVISION PG 64)
ROD AND CAP IlBl (PB 6.
IN TREE STUMP CURVE TABLE CURVE TABLE
NUMBE DEL TA RADIU5 LENGTH CHORD TANGENT CHORD BEARING NUMBER DEL TA RADIU5 LENGTH CHORD TANGf:NT CHORD BEARING
Cl 90'OO'OON SO.OO 78.54 70.71 SO.OO SJ8"2S'41-W C3B 54'4J'57" 100.00 95.5.3 91.94
C2 89'3029w SO.OO 78.11 70.41 49.57 N51'~'OS W CJ9 44"31'05N 375.00 291.37 284.10
C3 50'32'31N SO.OO 44.11 42.69 2.3.60 N1815'2SNE C40 S2'34'18N 100.00 91.75 88.57
C4' .34'21'54N 760.22 96.10 94.67 49.S4 N60'42'38wf C41 57'30'45- 200.00 200.76 192.43
CS 0614'3r 200.00 21.79 21.78 10.91 N81'OO'S4-E C42 49'33 '42 N 125.00 108.13 104.79
C6 11'51'02N 200.00 41.37 41.29 20.76 N7812'41NE C43 27'2S'IBw 250.00 119.65 118.51
C7 46'02'07N lSO.OO 120.52 117.30 63.73 5B4'41'46t: C44 250'31'.,...N 50.00 218.63 81.65
CB 54'43'57N 75.00 71.64 6B.9S 38.B2 S3418'44NE C45 70'31'.,...N 25.00 30.77 2B.B7
C9 44'31'05- 400.00 310.80 303.04 163.72 52912'lBt: C46 27'2S'IBN 300.00 143.58 142.21
Cl0 52'34'18- 125.00 114.69 110.71 61.74 57,45'OO-E C47 27'25'18N 275.00 131.61 130.36
Cll 57'3O'4Sw 17S.00 175.66 168..38 96.03 57516'46-E C48 03"04 '39 N 300.00 16.11 16.11
C12 49 '33'42 N lSO.00 129.75 125.74 69.25 S7118'14NE C49 I 0'44 '09 W 300.00 56.21 56.1J
C13 3011'09- 35.00 18."'" 18.23 9.44 SD9'OO'3O-W C50 10'44'09w 300.00 56.21 56.13
C14 1319'20N 175.00 40.69 40.60 20.44 N89'2S '25 NW CSI 02 '52 '22 N 300.00 15.04 15.04
C1S 103'9'20- 25.00 45.08 39.22 JI.61 54S'34'3S-W CS2 27'25'23- 25.00 11.97 11.85
C16 21'55'23N 60.00 22.96 22.82 11.62 N04'S2'J6wE CS3 43'06'21- 25.00 1B.81 18.37
C17 67'31'14- 25.00 29.46 27.79 16.71 Nl7'SS'19-W CS4 7712'lSN so. 00 67.37 62.39
C18 S7'3O'45w lSO.00 lSO.57 144.J.3 82.31 N75'6'46-W CSS 46'46'46- 50.00 40.82 39.70
C19 S2'34'18N ISO.00 137.63 132.85 74.09 N 77'45 'ooww C56 48'33'03N 50.00 42.37 41.11
C20 44'31'OSN 425.00 330.22 321.98 173.9S N2912'18-W CS7 56'54'29- 50.00 49.66 47.65
CZI S4'43'S7N so. 00 47.76 4S.97 25.88 N341B'44NW CSB 21'05'11- SO.OO 18.40 18.30
C22 46'02'07N 125.00 100.43 97.75 53.10 NB4'41'46NW CS9 13'29'56N 250.00 58.90 58.76
C23 78'48'29N 25.00 34.39 31.74 20.54 S32'52'56"W C60 13'55'22N 250.00 60.75 60.60
C24 90'00'00 75.00 117.81 106.07 75.00 538'28'41-W C61 12'58'01N 175.00 39.60 39.52
C2S 89'3O'29N 75.00 117.17 105.61 74.36 N51'46'05 W C62 43'20'OON lSO.00 113.45 110.76
C26 SO'32'31N 75.00 66.16 64.03 35.41 N181S'2SNE C63 1410'4SN 150.00 37.12 37.03
C27 34'2154N 185.22 111.09 109.44 57.27 N60'42'.38-E C64 19'Ol'22w lSO.OO 49.BO 49.57
C28 06 '14 '37N 22S.00 24.52 24.S1 12.27 N81'OO'S4-f C6S 1311'53- 1 SO. 00 34.S5 34.48
C29 11'51'02N 175.00 36.20 .36.13 18.16 N7B12'41NE C66 20'21'03- lSO.00 S3.2B 53.00
C30 11'51'02- 225.00 46.54 46.45 23.35 N7812'41Nf C67 42'5J'29w 100.00 74.86 73.12
C.31 10111'31N 25.00 44.15 .38.63 3O.4J 5S7'07'04-E C68 09'4O'49N 100.00 16.90 16.88
C32 90 '00 '00 N 25.00 39.27 3S.J6 25.00 5.38'28'41NW C69 ll'4O'19N 200.00 40.74 40.67
C33 89'30'29- 25.00 39.06 35.20 24.79 NS1'46'OSNW C70 16'.39'31N 200.00 S8.1S 57.94
C34 SO'32'31- 25.00 22.05 21.34 11.80 N18'S'25NE cn lS'31'33N 200.00 54.20 54.03
C35 34'21'S4N 135.22 81.10 79.89 41.81 N60'42'.38-E C72 13'39'22N 200.00 47.67 47.S6
CJ6 0614'.37- 175.00 19.07 19.06 9.54 NB1'OO'S4wE C73 04'01'42N 125.00 8.79 B.79
C37 46 '02'0 7N 175.00 140.61 lJ6.86 74.35 S84'41'46"f C74 45'31'59- 125.00 99.34 96.74
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N5411'7SNE
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575'44'27WW
S6J'J4'OBNW
570'28'31NW
S8112'4O-W
S88'OO'56NW
S7S'44'2S"W
S4O'2B'33NW
SS7'31'31-W
N60'28'S9-W
N12'49'OSNW
N39'54'41WE
N78'54'31Wf
N82'42'08-E
N68'59'29-E
S89'4 '45 wf
H6811'24wW
$8J'03'14-W .
S8S'28'33NW
N78'24'50wW
H61'.38'22NW
S72'54 '35 wE
H80'48'16NE
NB1'48'Ol-E
S84'02 '04 Nf
567'56'32NE
553"21'05 -E
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NOTICE: This plot. as recorded in its graphic form, is S86'4'f;1.W LOT NDN PANy'S ~ H
the official depiction of the subdivided lands desaibed 50.0-4 CHASE AND COMF WAGNER (c;OMMOH AAf,A) Ut
herein ond wHI In no circumstances be supplonted in BDIVlSION 0 .
authority by ony other graphic or digital fonn of the SU (PB 6. PG 64) CURVE TABLE ~
plot. There may be addftionot restrictions that are not
recorded on thIS plot that may be found in the publiC CUR \.Ir T BLE
recorda of thIS county. v!:.. A
NUMBER OfL TA RADlU5 LENGTH CHORD TANGf:NT CHORD BEARING
C75 19'22'32- 150.00 SO.7J 50.48 25.61 55612'4O-f
C76 3011'09- 150.00 79.03 78.12 40.45 S80'59'3O-f
C77 13'J.3'34" 425.00 100.58 100.34 SO.53 N44'41'04NW
C78 06'22'16- 425.00 47.26 47.23 23.65 N34'43'ogNW
C79 OS'42 '54- 425.00 49.81 49.7B 24.93 N2810'34NW
C80 06'33'58N 425.00 48.71 48.68 24.38 N21'32'OBNW
C81 Ofj'51'49- 425.00 SO. 91 SO. 88 25.49 N14'49'14wW
C82 04'26 '34 N 425.00 32.96 32.95 16.49 H09'10'OJNW
C83 08'56'09" 375.00 58.4B 58.43 29.30 511'24'SO-E
C84 07'54'32N 375.00 51.76 51.72 25.92 S19'50'Wf
C8S 27'4O'24N 375.00 181.12 179.37 92.36 537'37'39-E
C86 28'OO'J8w 125.00 61.11 60.SO 31.18 N7S'41'02NW
C87 18'01'29w 125.00 39.32 .39.16 19.83 58117'SSwW
C88 04'24'0Iw 75.00 5.76 5.76 2.88 504'9'18-E
CB9 24"36 '04 W 75.00 32.20 31.96 16.35 51010'44NW
Cgo 1911"17 75.00 25.12 25.00 12.6B 5.32 '04 '25 Ww
C91 .f.1'48'3r 75.00 54.73 53.52 28.65 562'34'22NW
C92 2312'40- 75.00 30..38 30.18 15.40 N84'S4'59NW
C93 21"32'3SN 75.00 28.20 2B.03 14.27 N62'32'22NW
C94 26'07'.37- 75.00 .34.20 33.90 17.40 N.38"42'16-W
C9S 18'37'37" 75.00 24..38 24.28 12.30 N1619'39NW
C96 02 'ISw 75.00 3.19 .3.19 1.60 OS'47'41NW
7 31'OO'22N 75.00 40.59 40.09 20.80 Nl0'5S'4ONE
C98 I 7'05 'SO- 75.00 22.38 22.30 11.27 N34'58'46wf
NUMBER pELTA RADlU5 fHGTH ICHORD TANGENT ICHORD BEARING
C99 06'38 '28 N 185.22 21.47 21.46 10.75 N46'SO'SSNf
Cl00 06'30'51N 185.22 21.06 21.05 10.54 NS3 '25 '34 NE
Cl01 1217'24- 1 BS. 22 39.73 39.65 19.94 N62'49'42Nf
Cl02 08'5S'W 185.22 28.84 28.B1 14.45 N73'26'OO-E
CI03 04'3O'47N 225.00 17.72 17.72 8.B7 N8O'08'SSN[
Cl04 01'43'50- 225.00 6.80 6.80 3.40 NBJ16'17Nf
Cl0S 00'27'31- 175.00 1.40 1.40 0.70 N83'54'27NE
C106 1/ '23'31N 175.00 34.80 34.74 17.46 N77'S8'SSNE
Cl07 03'05 '00 N 175.00 9.42 9.42 4.71 N 73'49 '4ONE
Cl0B 16'25'.38" 175.00 50.17 50.00 25.26 N83'34'S9-f
Cl09 17'06'43- 175.00 52.27 52.07 26.33 579'.38'SO-E
C110 09'24'46N 175.00 28.75 28.72 14.41 S66'23'06-E
Cll1 07'5S'OSN 100.00 13.82 13.81 6.92 557'43'10-E
C112 14'21'41N 100.00 25.07 25,00 12.60 546'34'4rE
C113 .3O'52'02N 100.00 53.87 53.22 27.61 523'57'55N[
C114 01'35'09N 100.00 2.77 2.77 1.38 50r.,...'20-f
CI1S 02'43'51- 175.00 8.34 8.34 4.17 S84'07'41Nf
C116 1I"47'47N 60.00 12.35 12.33 6.20 N0011'l1NW
C117 10'29'40- 150.00 27.47 27.44 13.7B 5S1'46'13-E
C118 OS '09 '33- 175.00 15.76 15.75 7.88 549'06'10w[
I_I
51
PARKS TONE
UNIT
1
PLA T BOOK
A REPLAT OF A PORTION OF BLOCKS C AND D, D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, PLAT BOOK 1~ PAGE 5
CHASE AND COMPANY'S SUBDIVISION OF WAGNER, PLAT BOOK 6,
IN SECTIONS 35 AND 36, TOWNSHIP 20 SOUTH, RANGE 30
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA.
SHEET
AND
LOCA TED
PAGE 64
EAST
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OF THE "ORDINARY HIGH WA TER LINE" WHICH MA Y
AFFECT THE LOCA TlON OF THE BOUNDARY LINE OF
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60.00 __--------
SEE SHEET J FOR CONTINUATION
TRACT E
STORMWA TER
MANAGEMEN T
AREA
43
41
C17= CURVE NUMBER (SEE TABLE)
L14 = LINE NUMBER (SEE TABLE)
t!. = CENTRAL ANGLE
R = RADIUS
L = ARC LENGTH
CB -= CHORD BEARING
<t = CENTERLINE
R/W = RIGHT-Of-WAY
NT = NON-TANGENT
(R) = RADIAL
PT = POINT OF TANGENCY
PC = POINT Of CURVATURE
PCC = POINT OF COUPOUND CURVATURE
PRC = POINT Of REVERSE CURVATURE
ORB= OfFICIAL RECORD BOOK
PB = PLAT BOOK
PG = PAGE
DE = DRAINAGE EASEMENT
UE = UnUTY EASEMENT
SlE - SIGN, AND LANDSCAPE EASEMENT
LE = LANDSCAPE EASEMENT
D &: U E = DRAINAGE AND UTILITY EASEMENT
CM = CONCRETE MONUMENT
LB ... LICENSED BUSINESS
PLS = PROFESSIONAL LAND SURVEYOR
CCR = CERTIfiED CORNER RECORD
SEC 35-20-30 = SECTION 35, TOWNSHIP 20 SOUTH,
RANGE 30 EAST
SEE SHEET J FOR CON TlNUA TlON
CURVE TABLE
NU~ DEL T~ RADIUS LENGTH CHORD TANGENT CHORD BEARING
Cl Bl'2.3'10" 50.00 71.02 65.20 4.3.00 N4.3,O'28"W
C2 09'38'12" 275.00 46.25 46.20 23.1B NBB'41'09"W
C3 24'27'57" 275.00 117.43 116.54 59,62 574'5'47"W
C4 19'46'37- 250.00 86.29 85.87 43.58 N71'5S'Ol"E
C5 94 '41'20. 25.00 41..32 36.77 27,1.3 55O'50'SS-[
C6 9000'00" 25.00 39.27 35.36 25.00 N41'29'45"E
C7 09'.38'72" 250.00 42. OS 42.00 21.07 588'41'09-[
CS 81'2J'10" 25.00 J5.51 J2.60 21.50 S4J'O'28"E:
C9 249'45'00" so. 00 217.95 82.04 71.74 N51'37'IS-[
Cl0 66'5'52- 25.00 2S.91 27..33 16.32 N40'07'19-W
C11 76'52'.39" 75.00 100.63 93.25 59.5.3 N45'25'43-W
C12 09'38'12- 300.00 SO. 46 SO. 40 25.29 N88'41'09-W
CIJ 24'27'57" 300.00 128.10 127.13 65.04 574'S'47"W
C14 07'.31'16" JOO.oo 39.38 .39.35 19.72 N65'47'27-[
CI5 13'0'31. 300.00 68.99 6S.83 J4.65 N76 '08 '20-[
CI6 03'46'10" 300.00 19.74 19.73 9.87 N84'36 '40"[
C17 29'29'43. 75.00 38.61 38.18 19.74 S69'07'11-[
C18 19'1'17" 75.00 25.12 25.00 12.68 544'46'41"[
C19 19" '17. 75.00 25.12 25.00 12.68 S25'3S'24-[
C20 09'00'22" 75.00 11.79 I1.7S 5.91 511'29'34"[
C21 101'43'07- so. 00 88.77 77.56 61.44 522'23'42"[
C22 3S'4S'31" 50.00 31.2S 30.74 16.1S 546'22'07-W
C23 28'57'18" 50.00 25.27 25.00 12.91 S78'45'02"W
C24 28'57'IS" so. 00 25.27 25.00 12. I N72'7'4O-W
C25 34"07'23" 50.00 29.78 29..34 15.35 N40'45'20-W
C26 20' I '23" 50.00 17.62 17.53 8.90 N1.3'3S'56-W
C27 04'48'04" 250.00 20.95 20.94 10.48 N86'6'OS"W
C28 04 '50'08" 250.00 21.10 21.09 10.56 S88'54'49-W
C29 17'21'05" 250.00 7S.71 7S.42 3S.15 S73"07'5.3"W
C30 02'25'32" 250.00 10.58 10.58 5.29 S63'4'J4.W
C31 21'31'41. 25.00 9.39 9.34 4.75 54612'OS"W
C32 96'23'50" 25,00 42.06 37.27 27.96 N 74'50'09 "W
C3.3 01iS'31" 32S.00 7.42 7.42 3.71 504"09'30"[
CJ4 02'2S'48" 275.00 11.90 11.90 S.95 S04'44'39-E:
~
= DENOTES PERMANENT REFERENCE MONUMENT
(SET "'-X4- CONCRETE MONUMENT #5359
UNLESS OTHERWISE NOTED)
PER CHAPTER 177, FLORIDA STATUTES.
= DENOTES PERMANENT CONTROl. POINT
(SET 60 PENNY NAIL AND DISK #5359)
PER CHAPTER 177, FLORIDA STATUTES.
NOTICE: This plat, as recorded in its graphic form, is
the official depiction of the subdivided lands described
herein and will in no circumstances be supplanted in
authority by any other graphic or digital form of the
plat. There may be additional restrictions that are not
recorded on thiS plat that may be found in the public
records of this county.
~-
1.1 DONALD W. MdNTOSH ASSOCIATES. INC.
ENGINEERS PLANNERS SURVEYORS
2200 PARK AVENUE NORlH, _9 PAIl<, FlORIO" 327811 (401) 144-4OIlI
100 0 100 200 Joo
SCALE '1" = 100'
. File name: F: \C\S\96151 \UNIT1 SH4
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TRACT E
STORMWA TER
MANAGEMENT
AREA
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\0
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DETAIL "B"
1"=50'
LINE TABLE
NUMB[R B[ARING DISTANC[
U 561'32'09"[ 16.27'
L2 532i 6'56 "W .38.80'
LJ S60'48'43"W 64.27'
L4 584'56'18-W 9.52'
L5 S69"05'WW 23.31'
L6 S69"05'WW 78,60'
L7 S69'OS'II"W 2.18'
LB 575'58'40"W 74.17'
L9 S75'58'40"W 0.43'
UO NSJ"14'OI"W 75.79'
LII NBJi 4'01 "W 20.20'
U2 S84i1 '03"W 55.17'
U3 5S4il'03"W 22.99'
U4 587'41'02"W 52.04'
U5 S87'41'02-W 25.24'
U6 NS7"3S'29"W 50.03'
L 17 N87'35'29"W. 36.03'
us NSI'J7'27"W Sl,66'
U9 NB3'29'46"W 1.71'
L20 N83'29'46.W 62.81'
L21 SI5'4J'52"W 55.64'
L22 SI7'20'11"W 17.2.3'
L23 NSS'28'24"E: 25.07'
L24 S62'01'48"W 53.01'
L25 N62"OI'4B"E 40.87'
L26 S62'OI'48"W 58.95'
L27 N35'J7'40.[ 49.7S'
L28 S75iS'lS"W 30.30'
L29 S88'33'50-W 66.24'
LJO S72"04'44"W 61.20'
LJl SJ5'26'IS"W 27.48'
LJ2 N26'38'14-W 20.18'
LJ3 S75'8'IB"W 19.63'
LJ4 58B'33'SO-W 56.17'
US NOD' I '02.[ 25.87'
L36 NOO' I '02"[ 26.46'
U7 N03'30'lS-W 37.00'
LJ8 NOJ'30'15"W 26.20'
LJ9 NO.3'JO'lS-W 26.20'
L40 N03'.30'15"W 25.43'
L41 N03'.30'15 W 25.41'
L42 N03'JO'15"W 25.02'
L43 N03'JO'75"W 25.01'
L44 N03'JO'IS"W 2S.13'
L45 N20'26'SS-W 28. OS'
L 46 N27'5S'12"W 35.17'
@
I-
~
~
Z
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