The URL can be used to link to this page

Home My WebLink AboutSmolik Family Trust (Dyson Drive 840) Declaration of RestrictionsGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2026080015 Book:11092 Page:1508-1513; (6 PAGES) RCD: 8/11/2026 4:17:41 PM REC FEE $52.50 Per pared by and return to: Kristin Eiok, Asst. City Attorney City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 DECLARATION OF RESTRICTIONS (Accessory Dwelling Unit) PURSUANT TO SECTION 712.04(2), FLORIDA STATUTES, THIS RESTRICTION WAS ACCEPTED BY A GOVERNMENTAL ENTITY AS A CONDITION OF APPROVAL FOR A DEVELOPMENT PERMIT OR DEVELOPMENT ORDER. THIS DECLARATION OF RESTRICTIONS ("Declaration") is made this sr day of ,I._, 1..1 , 2026, by the SMOLIK FAMILY TRUST, whose address is 840 Dyson Dri e, Winter Springs, Florida 32708 ("Owner"). WITNESSETH WHEREAS, Owner, the Smolik Family Trust, is the present Owner of certain real property located in the City of Winter Springs, Florida, as more particularly legally described herein in Paragraph 2 (the "Property"); and WHEREAS, Owner came into possession of the Property via Warranty Deed executed May 28, 2025, wherein the Property was transferred to Daniel R. Smolik and Monica B. Smolik, as Trustees of the Smolik Family Trust; WHEREAS, Owner and/or persons acting on behalf of Owner have proposed to construct an accessory dwelling unit (the "ADU") on the Property; and WHEREAS, Section 6-85, Accessory .Dwelling Units, of the City of Winter Springs Code of Ordinances conditions the issuance of building permits for the construction of ADUs as provided herein. NOW, THEREFORE, Owner hereby declares that the Property described herein is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants and restrictions set forth herein as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference. Declaration of Restrictions Accessory Dwelling Unit — 840 Dyson Drive Page 1 of 6 Book 11092 Pagge 1509 Instrument# 2026080015 2. The Property.The real property subject to the terms of this Declaration is legally described as follows: Lot 199, Winter Springs Unit 3, according to the plat thereof as recorded in Plat Book 17, Page 89-90 of the Public Records of Seminole County, Florida. The Property is further identified as Seminole County Tax Parcel Number 13-21-30-5CX- 0000-1990. 3. Restrictive Covenants. Owner hereby agrees that the Property shall be subject to and bound by the following restrictive covenants: a. The ADU shall not be sold or conveyed separate from the principal residence; b. The ADU is restricted to the size approved by the City. c. The use permit for the ADU shall be in effect only so long as either the principal residence or the ADU is occupied by the owner of record as their principal residence. d. The ADU shall not be used for commercial purposes other than being leased for residential purposes. If the ADU is leased for residential purposes, the term of such lease shall be for a minimum of six (6) months. 4. Third Party Beneficiary. Owner hereby acknowledges and agrees that the City Commission of the City of Winter Springs has imposed certain conditions upon its approval of the ADU, and that the Owner has voluntarily entered into this Declaration to memorialize the conditions of approval as covenants running with the land. Further, Owner hereby designates the City of Winter Springs as a third party beneficiary to this Declaration and, as such, the City shall have the right to enforce the provisions of this Declaration in the event the Owner, or any assignee or successor in interest of the Owner, fails to adequately maintain the restrictive covenants as set forth herein to the satisfaction of the City. 5. Termination; Amendment. Owner agrees that this Declaration shall not be terminated or amended without the express written consent of the City Commission of the City of Winter Springs, except that this declaration shall automatically lapse upon the removal of the ADU. Said termination or amendment shall be in recordable form and recorded in the same manner as provided in Section 8, herein. 6. Declaration Runs with the Land. This Declaration shall be a covenant that runs with the land and shall bind and inure to the benefit of heirs, personal representatives, successors and assigns of each present and future owner of the real property described herein. Declaration of Restrictions Accessory Dwelling Unit — 840 Dyson Drive Page 2 of 6 Book 11092 Pagge 1510 Instrument# 2026080015 7. Noncompliance with Declaration. Failure to comply with this Declaration may be cause for code enforcement and/or revocation of the conditional use permit. 8. Recordation. Owner shall record this instrument in a timely fashion in the Official Records of Seminole County, Florida, and may re-record this Declaration at any time as may be required to preserve the restrictive covenants contained herein. 9. Joinder. Prior to or Contemporaneously with the recording of this Declaration, Owner shall cause to be executed and recorded in the same manner as provided in Section 8, herein, the Joinder attached hereto as Exhibit "A." DONE AND EXECUTED on the date first written above. [Signatures to follow] Declaration of Restrictions Accessory Dwelling Unit — 840 Dyson Drive Page 3 of 6 Book 11092 Pagge 1511 Instrument# 2026080015 WNER- Daniel R. Smolik as Trustee of the Smolik Family Trust STATE OF FLORIDA COUNTY OF 2�t= The foregoing instrument was acknowledged before me by means of (___} physical presence or (___) online notarization, this i S" day of Jubj , 20 2 � , by Daniel R. Smolik, as Trustee of the Smolik Family Trust, [ ] who is/are personally known to me, or [ ] who have produced Seal: 1RACY WI NSOR €:: •_ COMMISSION ti HH 58M µ EXPIRES: DOW9 W7, 2048 STATE OF FLORIDA COUNTYOF ()gA,,J(r The foregoing instrument was presence o Smolik, as have produced Seal: r (___} online notarization, as id ti rcatton. �` Notary 114blic Print Name: rntic My Commission expires: t za -7 1- OWNER: YA Yy�✓ Monica B. Smolik as Trustee of the Smolik Family Trust acknowledged before me by means of (_) physical this 1 day of JLr y , 20 Z to , by Monica B. Trustee of the Smolik Family Trust, [ ] who is/ ear personally known to me, or [ ] who asid tiircatio Notary blic Print Name: ®nUlfrL My Commission a pines: ! � 7 -.02If • WCOMMISSION t NH 56 M %. �tq°9fEXPIRES' OeoNrjW7 2= Declaration of Restrictions Accessory Dwelling Unit — 840 Dyson Drive Page 4 of 6 Book 11092 Pagge 1512 Instrument# 2026080015 Prepared by and return to: Kristin Eick, Asst. City Attorney City of Winter Springs 1126 E. SR 434 Winter Springs, F132708 EXHIBIT A JOINDER AND CONSENT TO DECLARATION OF RESTRICTIONS FOR ACCESSORY DWELLING UNIT Mortgage Electronic Registration Systems, Inc., ("MERS") acting solely as nominee for United Wholesale Mortgage, LLC, a Limited Liability Company which is organized and existing under the laws of Michigan (hereinafter, the "Mortgagee"), is the owner and holder of that certain Mortgage which is recorded in at Official Records Book 10832 Page 1632 of the Public Records of Seminole County, Florida. MERS acting solely as nominee for United Wholesale Mortgage, LLC, hereby joins and consents to the Declaration of Restrictions recorded at Official Records Book Page , recorded in the Public Records of Seminole County, Florida, and agrees that its mortgage, lien, or other encumbrances shall be subordinated to said Declaration. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: dllw.l�.► Print Name:_ P2-06cr� -_ h-e rek Address: W —Print Name:sj�', Address: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for UNITED WHOLESALE MORTGAGE, LLC Print: 1rrl V i CX— P eSi JGn-L Declaration of Restrictions Accessory Dwelling Unit -- 840 Dyson Drive Page 5 of 6 Book 11092 Pagge 1513 Instrument# 2026080015 STATE OF i kkC '11&lld, COUNTY OF The foregoing instrument was acknowledged before me by means of (A physical presence or �--s , online notarization, this �:-! day of 1 20 by tun At the Vp of MORT AGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for UNITED WHOLESALE MORTGAGE, LLC, [ ] who is/are personally known to me, or [ ] who have produced as identification. Seal: \ %C,E'Fq/ ,i///'i Acting in the Coun ly =o of ua as z= a Q= i�ee /C's 6-A' Notary Public Print Name: u- Fc -k—,�- My Commission expires: t D/ i Ot r a ' Declaration of Restrictions Accessory Dwelling Unit — 840 Dyson Drive Page 6 of 6