HomeMy WebLinkAbout1988 05 16 Special
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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
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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
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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,
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, John L. Ferrinr;
IH32 .0n1 Hc I,ane
iJinter :>prin(;s, Ha. J710H
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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.
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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,
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Lemme H. Grove, Mayor
City of Winter Springs
President! Oak Forest Home
Karl 8chm dt
Owners Assn.
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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.
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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.--,
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teanne M. Grove,
Mayor
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cc:
Mr. & Mrs. Koch
Len Kozlov
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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.
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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
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Allen T. Dye, Sr.
Vice President
Construction
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~- ' 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.
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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.
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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.
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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.
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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.
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IN HIHIESS I-!1iEREOr. we have
the S\\.~-~ day of ..:~,~--.. \.. ('A.~ '
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hereunto set our hands ilnd seals
1986.
JI,TTEST: ~fl1 -
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"DEVElO~R" II
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Will i~lJR N. Koch
1168 Baltic Lane
Winter Springs, Florida 32708
May 16, 1988
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Jl.!~ '(,~ 3 1988
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(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.
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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 /~,.
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Willian N. Koch
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P.S. Enclcosed is a January 18, 1988 petition we Baltic residents
sent to Bel Aire, Inc., and have recieved no reply whatsoever.
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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.
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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
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of January, 1988
,
Baltic Lane
Baltic Lane
1170 Baltic Lane
1168 Baltic Lane
1166 Baltic Lane