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HomeMy WebLinkAbout1988 05 16 Special . e . 1. Jan. 22,1988- Homes 2. Feb. 10, 1988- 3 . Feb. 15, 1988- 4. Feb. 16, 1988- Exhibits--Oak Forest Phase-6 Letter sent to Mr. Allen Dye, V.P. Bel- Aire Second letter sent to Mr. Dye with c.c. 's Reply from Mayor Grove. Reply from Mr. Dye indicating property in question is now a retention area. 5. Page #3 of notice of restrictions on real estate. State of Florida, County of Seminole. 6. Photos 7. Plot plan phase #6 .4/: I e (\'1': J- ~--- . / January ?2, 19Se 0el-Al1'o Ilomes Inc. HbtJjoUe;lrrs Avenue 1\1 t;:1,rnontc .;prings, li'lorida J?'l1l.j. Attn: hr. Allen Vye, Jr., Vice-lresident Vear hr. Vyel e l'n Jfl1ltHtl'Y 15, 198B, a H'lT8sentative r:roup of horneolfncr:G, that live all Baltic Lane in "UM Forest" lhase 6, met lIlth you and I lr. (~harles True and officials of the city of \:lnter ~prings to discuss the water and drainage problems on Ollr properties. At that meetln? J loins desir,nated ll~lson for thr:> group HlId n.s such J 1-1111 be GClunt'nlcntlnr: wI th YOII or wl'lOever in D.sdp;neJ to hamlle this problem by 1)('1-/l1r'e, i\S you ~1.re al-faro a wide ranGe of e;rievances lIuredisc\I:g;cci, and eventually the meetinr; ended with promises from ,:el-aln' for some relief. \'iould you please be kind cnollr,h to send Y1e a lotteI' conOrminlj what uel-Airf!'!3 intmltionn arc Md the time fram~ that thls relief can be exvccted. :Jincerely, <... ,) ~- ((':~(-',--J; ; .:.' r ' , John L. Ferrinr; IH32 .0n1 Hc I,ane iJinter :>prin(;s, Ha. J710H t~95- JJ5? e . February 10, 1908 Be1-Aire Homes, Inc. 861 Douglas Avenue Altamonte Springs, Ii'lorida 32714 Attn: Hr. Allen Dye, 81.'., Vice-President Dear Nr. Dye: He are enclosing a copy of a letter sent to your office 011 January 22, 1988. e So far He have not heard from anyone regarding the water problems we are having on Baltic Lane, Oak F'orest. ~/e are aHare that your busy schedule and other presG1JlG problems may have a higher pr:1.orlty, but we would appreciate it if you or someone else from Bel-Aire would respond to our request. ____ ~lncerely, ,...- .,.<.>-u--- - '- -r-):~2>t~:r~i~;~ CCI Lemme H. Grove, Mayor City of Winter Springs President! Oak Forest Home Karl 8chm dt Owners Assn. cc: e it ~~ . _ ~i\N ltc/?, ,-~ ,~ ' /Ut.< %\ ~~(" ',\ "~' . '. I )1-) .'. ,I' \ Gl ') " V' . \ ,1'1Il~t4'r"f'ul'{,li', l: /' \,' Jl~." '.>.1 /" 'I' 1.( jj lIPl' . :.' CITY OF WINTER SPRINGS, FLORIDA 1126 EAST S lATE ROAD 434 WINTER SPRINGS, FLORIDA 3270r Telephone (3D!i) 327,1800 OFFICE OF THE MAYOR LEANNE M. GROVE February 15, 1988 Mr. John Ferring 1182 Baltic Lane Winter Springs, Florida 32708 Dear Mr. Ferring: Thank you for providing me with copies of your Febn\3ryl ()th correspondence with Rel-Aire. e I have reviewed this situation with City staff, and yon c<ln rest assured that they will be closely monitoring it to assure compliance with all applicable codes and ordinances. Feel free to keep me advised. Sincerely, CITY OF WINTER SPRING ~ ,A J 711. ,0/{(;(J 1.--, e-:-f.~~ .>(:r ' I teanne M. Grove, Mayor UIG/mn cc: Mr. & Mrs. Koch Len Kozlov e .--}-J- .') 'ff J -It if . ~ ., Bel-Alre Homes, Inc. ^ Sub$idlllry of Gulfstrellrn Lllnd IInd Development Cnrp. 861 J)oUf!;lnA A>'ellul", Altnl1lollle Sl'rillf!;M. Fluritln :1271.. Telephone (3()51 8(,9.()2()O February 16, 1988 Mr. John L. Ferring 1182 Baltic Lane Winter Springs, Florida 32708 Dear Mr. Ferring: In reply to your Ie t ter of February 10, 1988, we submit the following that was agreed upon at our meeting on January 15, 1988. 1. Bel-Aire will remove dead retention area and berme. trees within the 2. Bel-^ire will c lean a 11 cons true t ion t ras h from retention area after all houses are com- pleted and yards sodded abutting the retention area. e 3. Bel-Aire will construct a 4' chain link fence halfway down the sloped rear yard provided all abutting property owners agree, in wrjting, to said fence and location. 4. Bel-Aire will have its engineer conti:wt the St.John's River Wa ter Managemen t D is tr ic t and reques t a modif ica t ion to the penni t to allow any alternate draw down to the retention area. If District permits said draw down illter- nate, Bel-Aire will construct same. If the District does not permit an alternate. retention area will rema in as is. This rev i5e(1 permi t could take three (3) to four (4) months. We will keep the revised permit, you informed as as stated above. to the progress of e ve,?) ~r.UIY yoU"s. /) ~ ";;:4--)1 Allen T. Dye, Sr. Vice President Construction ATDsr/dfr e . 5 : ~- ' 15. lots 574 throu9h 583, 601 through 612, 654 through 656, n~"' 659, 660, 669, 676 '"' 677 wI II h." . '''''''9' '"' "" Illy """'00' ) along the rCilr and side portion of said lots for t~c purpose of dralnilge I and utfllties. There shall be no structures of any kind, including , fences, patios, pools, maintenance sheds or any other structures /- constr,u,ct"ed on this easement. All trees shall remain, and only s~lect~_, .hand-cle'~~ilL.b~~I]ol-led within this easement. This easement "~-I' WilTbe maintained by t~tting rroperty Owner and m<1y be~!!w in ~rali and milintained ~of their.l'~. The City of ITlriter I; SprIngs and otncr utilfty users wtll hilve the' right to enter said easement to maintain the drainage or other, utility facilities. ') / () ) ( :; ( ,- 16. Where a bUilding has been erected or the construction thereof is substantially advanced and it is situated on any lot in such a manner that same constitutes a violation or violations or any of the above Covenants, said Developcr, its succeSSors and/or ilssigns, shall have the right at any time to release such lot or portions ther-cof from such part of the said provisions of any of said Covenants as are violated, provided, however, that said Developer, its successors and/or assigns, shall not release a violation or violatio~s of any said Covenant~ except a~ to violations they, in their sole discretion, determine to bc minor, and the power to rel2ase any such lot or portion thereof from such a violation or violations shall be derendent on a determination ~y them that such violations or violations are minor. ,,.. -...., ". CJI ~I -...., Q r- r<1 n ? ~ .." ~ , r- '" to ~ 17. These Covenants are to run with the land and shall be binding on all parties and all persons claiming under them fOI- a period of thirty years from the date these Covenants are recorded, after which time said Covenant shall be automatically extended for successive periods of ten years, unless an instru~ent signed by not less than ninety percent (90~) of the lot OI-:ner, and thereafter by an instrument signed by not I~ss than seventy-five percent (75%) of lot OImers. Any amendment must be rccon!eeJ. , 18. The Develope,r', 01' any OI'trl,Cr', sh311 have the risht to cnfor!=~, by any pr-6ceeaing a1-l.iLw or' in equity, ~l re~,t~icJions, conClitions, covenilnts, reservations, liens a~d charges no\,; or' hereafter imposed, by, or pursuant to, the prodsions of this Decl~ration; and the party enfOI'cing the san:e s!lall h0vc thr right to recover all costs and expenses incurred, including reasonable ilttorneys I fees. In the event the Developer, its successors and/or assigns, enfol'ces the provisions ohereof against any O\mer, the costs and exr:enscs of such enforcn~ent, including leasonable attol'noy's (ees, shall ~e secured by a lien against such O'.1n('r's lot. Failure by the Developer' Ot' by any Owner to ellforce any covenant or restriction herein contained shall in no event be deemed a ~:aiver of the right to do so at any time. e ..- ~) f.( ~ 19. The Developer iJnd all parties to this Agreer.,ent and all subsequent parties to this t\greement agree th}jt nothingJrerein shall he construed as a \':aiver of any section of the Code of CJrdill"nu's, Cfty of Winter Springs. Flor-idil, and that tho City of Hint~r Springs is a proper party to this A'lreement to the extent it dpern~ it neCE<.sdry to protect the citizens of ihe City of Winter Springs, Florida. c ~ c.. / 20. Invalidation of anyone of these Covenant~ by judgment aI' Court Or'der shall in no ~lilY ilffect any of the other provisions which shall remain in force and effect. ~_..- -- ..--.. <C- -) ,/ this , . IN HIHIESS I-!1iEREOr. we have the S\\.~-~ day of ..:~,~--.. \.. ('A.~ ' --"".;::~ \..,'--- - , -------~ hereunto set our hands ilnd seals 1986. JI,TTEST: ~fl1 - -----=;.--.~.k__ "DEVElO~R" II ::?"~IES' 7. V/.1-< lo.$-ttf- '-,-1r------7?'---'""'7 C/ ,_ . Pres i <: ".' -:..~.: "':':'" "''- . , ~ ~~' (~ . .~.~~v \ : " .', ~ ~":':, \. '~~"'" \ (.'" -, ""'" ~... ..: """ . Sfgned, Scaled and Delivered in the presence of: &;'>d\ r0J,\{,)~~~ , . (3) I(~ If - L. i~- , L ~~.:; I f- ..... / / L. ~/ C~ I':) / '---. /:;X.f" 10 I 1.-"1 J 1:1 I. II . 1:1 1(:" / . . / ~111 ~..... .0 :rJ f11 .~ o ~ ('r'J "I) o ~ -< o c: 7:A7 I ~ o ~ ('fJ :< I \ \ ./ / / ~ ~ ~ ., ~ ./J. -~;..~ ~ .ff 1 ----- , \I \ L ~ - ~A- Will i~lJR N. Koch 1168 Baltic Lane Winter Springs, Florida 32708 May 16, 1988 1-,-.... .,.-..... ".:..."~ ~ :.' :..~~. ;.:' ;'.~:';' \~~..l,......... ~t;. ,rrWf~.. ~/' ~ "..r,.. . Jl.!~ '(,~ 3 1988 . (ITII or- '" j r WiNTER SPt?INGS t:Jr~ HALl ;Jz~ ~ef)ue- I attended the meeting Commission Monday night, May 16, 1988 as a concerned and unhappy resident of Oak Forest Unit six. I was not selected to speak that evening and so would request your time to read these two points I would have brought to your attention. e 1. I live on the western end of Baltic and the problem there was not discussed. A ditch separates our Baltic lots fro~ the lots on Venture Court. It has contained water continuously since August of 1976. To remedy this situation Bel Aire has discussed and agreed with residents on Venture to construct a "French Drain" between the lots, as a water collection structure. The problem arises in that (1) Baltic homeowners were originally mis-represented to by Bel Air sales persons about our property lines; (2) To fix the problem now requires placing the water collection structure to within the easement and the removal of 20 to 30 trees along the easement. The residents at this end all purchased here beacuse of these trees and now after we have purchased and moved in, they are to be removed. It is not right that these changes should be made now, and we are to recieve no comensation for the loss of trees and aesthetic diminishment of our property. 2. During the meeting, many mentions were made to the January 15, 1988 meeting between the city officials, Bel Aire representatives and "the Homeowners". "The homeowners" involved were two people, neither of whom lived on our end of Baltic or had our problems. They did not represent us in any way. I only found out about this meeting at it1s conclusion because the group was in my backyard pointing at ~y trees! No attempt by Bel Aire has ever been made to notify or otherwise involve us Baltic property owners in the process of finding a solution to this water problem. So when mention is made to you about meetings held "with the HOMEWONERS" I would urge that you question,what the real situation is. Most of us are <purposely) being kept in the dark, while you are being told "The homeonwers" are part of these meetings. Thanky you for you obvious concern for our plight. . Sincerely, {M 1 /~,. / / /~ /J 7i J t;~\ ~ l,... '-'(...L' 'iVJ,l_ _ ~ Willian N. Koch \'------- P.S. Enclcosed is a January 18, 1988 petition we Baltic residents sent to Bel Aire, Inc., and have recieved no reply whatsoever. . TO: BEL-AIRE HOMES, INC., OAK FOREST We residents of Oak Forest, residing on Baltic Lane, state the following concerning the proposed grading and tree removal in the drainage easement running along the north sides of our property: 1. We commonly attest to the misrepresentations made by your sales staff concerning our northern property lines. We were told our property line was at the ditch. It has now been pointed out to us that our line in fact lies well south of that ditch (in some places by as much as 12-15 feet). 2. We are greatly disappointed and angered that no one representing Bel Aire or Oak Forest has contacted us regarding the proposed work. We own properties directly involved in this proJect and not one word of notification has been offered. 3. We are greatly upset by the stated certain removal of trees along the easement. This loss of 18 or so trees will be an esthetic and real loss to all landowners involved, as well as all persons able to view this area. 4. In as much as we have all chosen, purchased, and moved into these homes, paying extra for these special, larger, wooded lots, we do hereby scate our obJection to your intentions to come back now, altering the appearance of our and surrounding lots. We demand ~ ~ each lot involved, for each ~ removed Oak Forest wil~ provide and plant ~ ~ ~ of similar species, at ~ ~ chosen ~ the owner. e 5. We each request notification of work to be done within our respective easements in the form of written, detailed descriptions of changes to be made and your proposal of how this area will look when completed. 6. Be advised that we do not. authorize you to make these modifications to our properties. We will monitor all work done and all changes made, and will hold you responsible for any damage done to our properties outside of the easement. We ~ hereby hold you totally responsible for the safety of all persons who ~ ~ QL otherwise visit ~ easement durinq your construction. 1 r) of January, 1988 , Baltic Lane Baltic Lane 1170 Baltic Lane 1168 Baltic Lane 1166 Baltic Lane