HomeMy WebLinkAboutChelsea Parc at Tuscawilla
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THIS INSTRUMENT PREPARED BY l~lEl RE!'i'MR~ W:
RUSSELL W. DIVINE, ESQ.
WARLICK, FASSETT, DIVINE & ANTHONY, P.A.
Post Office Box 3387
Orlando, Florida 32802-3387
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FIRST AMENDMENT TO DECLARATION OF
CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS
~ CHELSEA PARC AT TUSCAWILLA. LT.1~
This First Amendment to Declaration is made this ~O~ day of
August, 1993 by CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited
partnership (the "Developer") for the purpose of amending the
Declaration of Conditions, Covenants, Easements and Restrictions
recorded at Official Records Book 2567, Page 1280, Public Records
of Seminole County, Florida ("Declaration"). This Amendment to
Declaration is executed by the Developer alone pursuant to the
authority granted in Article IX, Section 5 of the Declaration. The
Declaration is hereby amended as follows:
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1. In accordance with Article II, Section II of the
Declaration, the Developer hereby adds the additional property
described in Exhibit A attached hereto to the property which is
subject to the Declaration and governed by the Association. Said
property is to be platted as Chelsea Parc at Tuscawilla - Phase II.
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2. Article I, Subparagraph (c) is hereby amended by adding
the following sentence at the end of the paragraph.
The term Common Areas shall also include all
streets and roadways located within the
Property.
Article I, Section (n),
is inserted in its place:
is
hereby
deleted and the
(n) "Plat" means and refers to the plat
of Braewick of Tuscawilla - Phase I, recorded
in Plat Book 37, Pages 53 and 54, public
records of Seminole County, Florida, together
with the plat of Chelsea Parc at 'Tuscawilla -
Phase I, as recorded in Plat Book 45, Pages 82
and 83, public records of Seminole County,
Florida, together with any plat of additional
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land made subject to this Declaration and to
the jurisdiction of the Association.
4. Article IV, Section 2 is hereby deleted and the following
is inserted in its place:
Section 2 Easements Appurtenant. The
easements provided for in Section 1 of Article
IV shall be appurtenant to and shall pass with
the title to each lot.
5. Article IV, Section 4, is hereby deleted and the
following inserted in its place:
The Association shall have the right to grant
permits, licenses and easements over the
Common Areas for utilities, roads, and other
purposes reasonably necessary or useful for
the proper maintenance or operation of The
Properties. Use of the Common Areas for
utilities, as well as use of the other utility
easements as shown on relevant plats, shall be
in accordance with the applicable provisions
of this Declaration. Perpetual, nonexclusive
easements are reserved across the Common Areas
to the Developer and/or the Association, or
such utility, security, and cable television
companies to which the Developer or
Association may convey easement rights, for
and on behalf of the Developer, the
Association, and the grantee utility
companies, as may be required for the entrance
upon, construction, connection to,
disconnection from, replacement of,
maintenance, and operation of utility
services, drainage facilities, cable
television system, security, and such other
equipment as may be required to adequately
serve the Properties, any other lands subject
to ownership by the Association or the
Developer, it being expressly agreed that the
Developer and any of its successors or
assigns, the Association, utility companies
and any other person benefitted hereby making
the entry shall restore the property as nearly
as practicable to the condition which existed
prior to commencement of construction of such
utility or storm water management and drainage
facilities. An easement is reserved over,
under and across each of the Lots for the
placement and operation of electric utility
meters and lines connected to the meters
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serving any and all Lots within the Block upon
which said Lot is located, all of which Lots
and Blocks are depicted upon the Plat. In
addition, easements are reserved to the
Association and the Developer, and may be
created from time to time by the Developer
during any period that the Developer shall own
at lease one (1) Lot, for such further
utility, egress, ingress, or drainage
easements over and across the Properties as
may be required from time to time to serve any
of the Lots and/or any other or additional
lands during the course of development of
same, whether such additional lands become
subject to the jurisdiction of the Association
and part of the Properties or not. Regarding
any easement conveyed by the Developer, the
joinder of the Association or any Lot Owner or
Lot Owner's mortgage shall not be required.
Any provision in this Section to the contrary
notwithstanding, all surface and storm water
management facilities shall be owned,
maintained and operated by the Association in
accordance with all federal, state and local
rules and regulations.
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6. Article IV, Section 7 is hereby amended by deleting the
last sentence thereof and replacing it with the following:
With respect to Old Lots only, there shall be
reciprocal, appurtenant easements of
encroachment as between each Old Lot for the
unwilling placement, shifting, or settling of
the improvements constructed, reconstructed or
altered on any Old Lot (in accordance with the
terms of this declaration), to a distance of
not more than ten (10) feet, as measured from
any point on the common boundary between
adjacent Old Lots.
7 . The Article V, Section 2, is hereby deleted and the
following inserted in its place:
Section 2. Purpose of Assessments. The
Regular Assessments levied by the Association
shall be used exclusively for maintenance,
repair, renovation, and construction upon the
Common Areas, for capital improvements and
reserves and for promoting the aesthetics of
the Properties and the health, safety, welfare
and aesthetics of the Members of the
Association and their families residing with
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them, their guests and tenants, all as
provided for herein.
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In addition, with respect to Old Lots,
the regular Assessments shall be used to pay
the following expenses with respect to the Old
Lots: (i)maintenance and fees for security
system on each Old Lot; ( ii) maintenance and
fees for security system on each Old Lot;
(iii)trash and garbage collection;
(iv)maintenance and repair of exterior
building surfaces of improvements on each Old
Lot, including the painting of roof tiles as
may reasonably be required from time to time,
provided however, that the Association shall
not be otherwise responsible for maintenance
and repair of roofs and windows.
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With respect to New Lots, the regular
Assessments shall be used to pay only for
mowing and edging of sodded areas located
between the front wall of the residence
located on each New Lot and the roadways
within the Properties.
(a) Reserves for Replacement. The
Association shall be required to establish and
maintain an adequate reserve fund for the
periodic maintenance, repair, and replacement
of improvements to the Common Areas. The
reserve fund shall be maintained from annual
Assessments and shall be maintained in a
separate account segregated from operating
funds.
(b)
Assessments for
and the Regular
shall be the
Assessments for
be the same as
Lots.
Uniformity. Regular
all Old Lots shall be the same
Assessments for all New Lots
same. However, Regular
Old Lots are not required to
Regular Assessments for New
(c) Workinq Capital. Upon the
closing of the sale of a Lot, the buyer of
such Lot shall pay to the Association an
amount equal to two monthly assessments of the
Association for such Lot, which amount shall
be maintained in an account by the
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considered as
Assessment.
Said amount shall
advance payment of
not be
annual
8. Article VI, Section 4 is hereby amended by adding the
following sentence at the end of the section:
The stormwater infrastructure is to be
operated and maintained by the Association.
9. Article VI, Section 22 is hereby deleted and the
following inserted in its place:
Section 22 - Additional Rules and Requlations.
The Board of the Association, by a vote of at
least 2/3 of its members, may promulgate
additional rules and regulations governing the
properties and members and the Association may
enforce such additional rules and regulations
in accordance with the terms of this
Declaration.
10. Article IX, Section 12, referred to an Exhibit "B" which
described Wetlands Areas. Said Exhibit was inadvertently omitted
from the Declaration. Said Exhibit B is attached hereto as amended
for Phase II.
11. After Article XIII, the following should be inserted:
Article XIV
Approvals by The City of winter Springs
Section 1 - Amendments. Any other provisions of this
Declaration to the contrary notwithstanding, no
amendments may be made to this Declaration without the
prior approval of The City of Winter Springs, Florida.
Section 2 - Third Party Beneficiary. The City
of Winter Springs, Florida is a third party
beneficiary of the terms and conditions of
this Declaration and shall have the right to
legally enforce this Declaration or any part
or provision thereof.
Section 3 Compliance with City Code.
Nothing contained in this Declaration shall be
construed to permit or authorize any violation
or deviation from the City Code for The City
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of winter Springs, Florida, as the same may
exist from time to time.
Executed as of the day set forth above.
WITNESSES:
CHELSEA PARC AT TUSCAWILLA, LTD.
a Florida limited partnership
LA ~ ~ By Its General Partner
BOLIN DEVELOPMENT, INC.,
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~ ~TE OF FLORIDA
"I COUNTY OF ,YhU-nlJ Ie
B0~Q
Theodore A. Bolin, President
Address: 2611 Technology Drive
Ste. 207, Orlando, FL 32804
The foregoing instrument was acknowledged before me this20~
day of August, 1993 by Theodore A. Bolin, President of BOLIN
DEVELOPMENT, INC., the General Partner of CHELSEA PARC AT
TUSCAWILLA, LTD., a Florida limited partnership, who is personally
known to me or who has produced as
identification.
Publ c (l ,
Print :. I&Jv~FJdM~Vl
My Commission Expires:
Commission #:
CLAIRE FLAfJAGAN
rJOTARY PUBLIC; STATE OF FLORIDA AT LARGE
MY COMMISS!ON EXPIRES MARCH 23, 1995
BONDED THRU ASHTON AGENCY INC.
COMMISSION NO. GC 084474
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EXHIBIT A
LEGAL DESCRIPTION
Chelsea Parc at Tuscawilla Phase II
Sections 7 & 8, Township 21 South, Range 31 East
City of Winter Springs, Seminole County, Florida
BEGIN at the intersection of the Southerly right-of-way line of
Winter Springs Boulevard and the Westerly right-of-way line of
Greenbriar Lane as shown on the Plat Book of Braewick of Tuscawilla
Phase I as recorded in Plat Book 37, Pages 53 and 54 in the Public
Records of Seminole County, Florida; run thence S 16020'04" Walong
said Westerly line a distance of 80.34 feet to a point of curvature
en on a curve concave Northwesterly having a radius of 1875.05 feet;
r- run thence Southerly along the arc of said curve and said Westerly
Lf') ~e through a central. angle of 10050 '26" a distance of 354.77
c:rWt; thence from a chord bearing of N 21045'17" E run N 64040'38"
~a distance of 382.90 feet; thence N 63013'21" W a distance of
~.80 feet; thence N 22025'15" E a distance of 148.00 feet to a
!nt in the Center line of Howell Creek; thence N 51059' 4 9" E a
\.0 tance of 77.50 feet; thence S 76026'55" E a distance of 72.69
(Y') t; thence N 36007'55" E a distance of 67.49 feet; thence N
'-C 1~37'28" W a distance of 70.78 feet; thence N 29047'02" E a
~ldistance of 14.49 feet to the Southerly right-of-way line of winter
Springs Boulevard and a point on a curve concave Southwesterly
having a radius of 2292.44 feet; thence from a chord bearing of S
71052' 08" E run Easterly along the arc of said curve and said
Southerly line through a central angle of 3029'47" a distance of
139.89 feet to a point of reverse curvature on a curve concave
Northerly having a radius of 6431.67 feet run thence Easterly along
the arc of said curve and said Southerly line, through a central
angle of 3016' 45" a distance of 368.10 feet to the POINT OF
BEGINNING.
Contains 5.10 acres more or less.
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EXHIBIT B
WETLANDS AREAS
Phase I:
There are no Wetlands Areas in Phase I.
Phase II:
The area located within the drainage and maintenance
easement which is within the fifty foot setback from the center
line of Howell Creek.
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. - A1tamonte S . gs, Florida 32701
;"1/\RYAW~E MORSE _
CLERK OF Cll<CUIT caUR I
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:;::COROEO & VERIFIEJ
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SUPPLEMENTAL DECLARATION OF CONDmONS. COVENANTS. EASEMENT~
AND RESTRICTIONS FOR CHELSEA PARC AT TUSCA WILLA i2
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TIllS SUPPLEMENTAL DECLARATION OF CONDmONS, COVENANTS, EASEMENTS ~
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RESTRICTIONS FOR CHELSEA PARC AT TUSCAWILLA (the "Supplemental Declaration") is macft;,
this 19th day of March, 1999, by Chelsea Parc at Tuscawilla, Ltd., a Florida Limited Partnership (the
"Developer") for the purpose of supplementing the Declaration of Conditions, Covenants, Easements and
Restrictions for Chelsea Parc at Tuscawilla recorded at Official Records Book 2567, Page 1280, as
amended at Official Records Book 2636, Page 573 and at Official Records Book 2984, Page 120, and in
Amended and Restated Declaration of Conditions, Covenants, Easements and Restrictions for Chelsea Parc
at Tuscawilla at Official Records Book 3508, Pages 1170 through 1226 all in the Public Records of
Seminole County, Florida. The Declaration is hereby supplemented as follows:
ADDITION OF PROPERTY:
1. Additional Property No. 1 (Aggregated). In accordance with Article II, Section 2 of the
Declaration, the Developer, as successor to BRAEWICK OF TUSCA WILLA DEVELOPMENT
CORPORATION, a Florida Corporation, hereby adds the following properties under grant of Non-
Exclusive Easement Agreement at Official Records Book 1822, Pages 1872 through 1883, as amended
and corrected at Official Records Book 1836, Pages 1948 through 1952, all in the Public Records of
Seminole County, Florida. Additional Property No. lfAggregated}, to which Developer has Non-
Exclusive Easement Agreement which use and benefit runs with the land, and which benefits and
advantages shall inure to the successors and assigns and serve the real property, is described in Exhibit
"A", as corrected, at ORB 1836, Pgs 1951 and 1952; Exhibit "B" (Sanitary Sewer Easement # 15)
ORB 1822', Pg. 1881; Exhibit "C" (Roadway Easement # 17) ORB 1822, Pg. 1882; all in the Public
Records of Seminole County, Florida, and incorporated herein by reference to the Properties which are
the subject of the Declaration and governed by the Association.
2. Additional Property No.2. In accordance with Article II, Section 2 of the Declaration, the
Developer hereby adds the following property under grant of Non-Exclusive Easement Agree!!lent at
Official Records Book 3582, Pages 1936 through 1946, all in the Public Records of Seminole County,
Florida. Additional Property No.2 in legal description at Official Records Book 3582, Pages 1943, to
which Developer has Non-Exclusive Easement Agreement (Drainage Easement), which use and benefit
runs with the land, and which benefits and advantages inure to successors and assigns and serve the real
property now the subject of the Declaration and amendments thereto, and by this Supplemental
Declaration the property is added and incorporated herein by reference to the Properties which are the
subject of the Declaration and governed by the Association.
3. Additional Property No.3. In accordance with Article II, Section 2 of the Declaration, the
Developer hereby adds the following property in legal description Exhibit Tract, "A" description at
Official Records Book 3582, Pages 1946 incorporated herein by reference to the Properties which are
the subject of the Declaration and governed by the Association, such addition to become effective upon
the Commissioners of the City of Winter Springs' approval and recording of the Plat of Fox Glen at
Chelsea Parc, Tuscawilla Phase 2 in the Public Records of Seminole County, Florida.
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- Prepared by and return to:
Bob L. Robinson
730 Lake Crest Cove
Altamonte Springs, Florida 32701
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3618
0016
4. Additional Property No.4. In accordance with Arti~f.: l~1 ~rn!i~n(Ab.t1Ule Declaration, the Developer
hereby adds the following property described in General Warranty Deed and Exhibit ROBINSON
RESERVE TRACT (WETLANDS AREA) at Official Records Book 3581, Pages 1739 and 1740, all in
the Public Records of Seminole County, Florida, and incorporated herein by reference to the Properties
which are the subject of the Declaration and governed by the Association.
Additional properties 1. 2. 3 and 4 collectively, are added to the Declaration and by reference herein
included as part of Plat of Fox Glen at Chelsea Parc, Tuscawilla Phase 2, at Official Records Plat Book
55 , Pages 31 through 3 g , all in the Public Records of Seminole County, Florida.
WITIIDRA W AL OF PROPERTY:
In accordance with Article IX, Section 7 of the Declaration, the Developer hereby withdraws and
removes the "USE" designation of that certain portion of land noted Tract A Drainage Easement on the
Plat of Fox Glen, Phase I, Chelsea Parc at Tuscawilla at Official Records Plat Book 49, Pages 78
through 81, all in the Public Records of Seminole County, Florida. Only the "Use" designation
"Drainage Easement" for the subject property is hereby withdrawn from the Declaration incorporated
herein by reference, and said drainage easement use is hereby removed and declared null and void and of
no effect. Subject deleted drainage easement use area has been specifically replaced by Additional
Property No 2, herein above stated.
REAFFIRMATION:
Except as supplemented herein, the Declaration and amendments thereto remains in full force and effect.
EXECUTED as of the date first written above.
WITNES~ >
Print Name: Scott D . Clark
((){~!t) ~.ctioi~)
Print Name: Ginger l. Hodges
L. ROB SON, President
Address: 730 Lake Crest Cove, Suite B
Altamonte Springs, FL 32701
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this 19th day of March, 1999, by _BOB L.
ROBINSON, the President of CHELSEA PARC Inc., the Sole General Partner of CHELSEA PARC AT
TUSCA WiLLA, Ltd., a Florida limited partnership, 00 bebaIf of the ~/ ----....,
''';.':;..trt''" Scott D. Clark Signatur/ofNotary Public
i:~i' ~\ MYCOMMISSIONICC615415 EXPIRES
~. r-fff} February 3. 2001
~'J;~' .. '!i:-'" BONDED lHa\J TROY FAIN IHSURANCf. IHC.
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[ .t] personally known
[ ] produced identification
type of identification produced
Print Name of Notary Public
Notary Public in and for the State and County
aforesaid.
My Commission Expires:
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3618
0077
SEMINOLE CO. FL
SI'ACE K.:S.:KVEP .'OR IU;COKIlING
JOINDER AND CONSENT TO DEDICATION
The undersigned, CHELSEA P ARC AT TUSCA WILLA, LTD., a Florida limited partnership,
hereby certifies that it is the holder of a mortgage on the real property described on Exhibit "A" attached
hereto, said mortgage being recorded in Official Records Book 3488, Page 1969, Public Records of Seminole
County, Florida, which real property constitutes a portion of the P~t of Fox Glen at Chelsea Pare,
Tuseawilla Phase 2, said plat being recorded in Plat Book 55 , at Pag'(! 7 -39, Public Records of Seminole
County, Florida, and the undersigned hereby joins in and consents to said Plat of Fox Glen at Chelsea Pare,
Tuseawilla Phase 2, including, specifically, the dedication of the lands and plat for the uses and purposes
therein expressed.
IN WITNESS WHEREOF, CHELSEA PARC AT TUSCAWILLA, LTD." a Florida limited
partnership, has caused these presents to be signed and attested to by the officers named below and its seal
to be affixed hereto on m4'lGh 11b , 1999.
Witnesses:
CHELSEA P ARC AT TUSCA WILLA, LTD.,
a Florida limited partnership
By:
Pri
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'::ICIA~ t~EC,OROS
DuOK ?AG~
SEMINOLE CO. FL
SPACE RESERVED FOR RECORDING
ST ATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me on Y't.~ l ~I ' 1999, by Bob L.
Robinson, as President of Chelsea Pare, Inc., a Florida corporation, General Partner of CHELSEA PARC
AT TUSCA WILLA, L TO., a Florida limited partnership, on its behalf. He
V is personally known to me; or
o has produced
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"---Pnnte name: Lo..u.f(L r~ rt OlP/-uYJ
Notary Public-State of Florida at Large
Commission number: Cc.... lI<t; C)gq~
My Commission expires: ~.- -3. 9 C?
as identification.
..vo' rll LAURA A HAMPTON
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3618 0079
SEMINOLE. CO. FL
SPACE RESERVED FOR RECORDING
WITHDRAWAL OF PROPERTY
THIS WITHDRAWAL OF PROPERTY is made on fflA~ \ "8 , 1999, by CHELSEA
PARC AT TUSCAWILLA, LTD., a Florida limited partnership (the "Developer"), for the purpose of
withdrawing certain property from the effect of the Declaration of Conditions, Covenants, Easements and
Restrictions for Chelsea Parc at Tuscawilla recorded at Official Records Book 2567, Page 1280, as amended
at Oflicial Rccords Book 2636, Pagc 573 and at Official Rccords Book 2984, Page 120, all of the Public
Records of Seminole County, Florida (hereinafter, the "Declaration").
Withdrawal of Future Development Land. The Plat of Fox Glen at Chelsea Parc as recorded in
Plat Book 49, Page 78, Public Records of Seminole County, Florida (the "Fox Glen Plat"), contains a
"Declaration Regarding Tract A" regarding a portion of Tract A which was described in tht€~~I~Cion of /J~P;
Conditions, Covenants, Easements and Restric~s of Braewick of Tuscawilla dated . ~, 1987,
recorded in Official Records Bo01<l82.2., Pagi ~Public Records of Seminole County, Florida (the
"Braewick Declaration") The property referred to as Tract A of the Braewick Declaration is contained on
the Fox Glen Plat but does not include all of Tract A shown on the Fox Glen Plat. The Declaration
concerning Tract A was intended to make reference to that part of the Tract A on the Fox Glen Plat which
was also contained within the plat referred to in the Braewick Declaration, and which contained commonly
used clubhouse facilities. A portion of the Tract A shown on the Fox Glen Plat as described in-the attached
Exhibit "A" (the "Future Development Land") was intended for future development of lots and does not
constitute a portion of the Tract A previously referenced in the Braewick Declaration which was the subject
of the "Declaration Regarding Tract A" shown on the Fox Glen plat. That portion of Tract A is in the process
of being replatted as Fox Glen at Chelsea Parc Phase II, consisting of an additional 41 single-family building
lots. To the extent that "Declaration Regarding Tract A" might be misconstrued to include the Future
Development Land, Developer desires by this instrument to withdraw said property from the Declaration
Concerning Tract A and to clarify that, to the extent it may be deemed by any party to be included in the
Tract A referenced in the "Declaration Regarding Tract A." said inclusion was erroneous and not intended
by the Developer. The Developer further declares that any reference to said Tract A which made mention
F:IUSERIGINGERIWHITEMAR.HOMlCHELSEAIT AKEOOWN.NSIDISPUTEISUPPLEMENT AL.DCR. WPD
[ 3320-8) 990301 (14:02:44)
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3618 0080
SEMINOLE. CO. FL
SPACE RESERVED FOR RECORDING
of reserved rights for drainage does not apply to the Exhibit "A" Property, and that said property is not
necessary to be reserved for the effective drainage of the Project.
In accordance with Article IX, Section 7 of the Declaration, the Developer hereby withdraws
and removes the use designation of that certain portion ofland described in Exhibit "A" as common property
or as a Drainage Easement on the Plat of Fox Glen, Phase I, Chelsea Parc at Tuscawilla at Official Records
Plat Book 49, Page 78, all in the Public Records of Seminole County, Florida. The Chelsea Parc at
Tuscawilla Homeowners Association hereby joins in the terms of this Supplemental Declaration to confirm
the withdrawal of property set forth above and does by its joinder hereby remise, release and quitclaim
forever unto Whitemark at Fox Glen, Ltd., as successor in interest to the Developer, any right, title or interest
it may have or ever be deemed to have had in the property described in Exhibit "A".
Witnesses:
CHELSEA P ARC AT TUSCA WILLA, LTD.,
a Florida limited partnership
By:
By:
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SPACE RESERVED FOR RECORl>ING
STATE OF FLORIDA
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The foregoing instrument was acknowledged before me on _B-+h ~\a.. (CJI, 1999, by Bob L.
Robinson, as President of Chelsea Pare, Inc., a Florida corporation, General Partner of CHELSEA PARC
AT TUSCA WILLA, LTD., a Florida limited partnership, on its behalf. He
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Printed name: l Q u,n.l f-:). H(l, vV' ptuY,
Notary Public - State of Florida at Lar~e
Commission Number: CG L\.~::mg
My Commission expires: g.- 3-qq
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STATE OF FLORIDA
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\ ~ The foregoing instrument was acknowledged before me on I ~+h Y\'oXen, 1999, by
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ASSOCIATION, INC. a Florida nonprofit corporation, on its behalf. He
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RUSSELO W. DIVINE
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WAlU.ICK. FASSETf. DIVINE
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Rast OlliCll Box 338Z
Drlanao. Florida 32802. ,3387.
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DECLARATION OF CONDITIONS, COVENANTS
EASEMENTS AND RESTRICTIONS
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FOR
CHELSEA PARC AT TUSCAWILLA
THIS DECLARATION is made this 3o~ day of ~~~ ,
1993, by Chelsea Parc at Tuscawilla, Ltd., a Florida limited
partnership (the "Developer"), which declares hereby that "rrhe
Properties" described in Article II of this Declaration are and
shall be held, transferred, sold, conveyed and occupied subject to
the covenants, restrictions, easements, charges and liens
hereinafter set forth. This Declaration shall superceed and
replace that certain Declaration of Conditions, Covenants,
Easements and Restrictions recorded at Official Records Book 1848,
Page 1777, and amended at Official Records Book 1848, Page 1813 and
at Official Records Book 1896, Page 1192 and at Official Records
Book 2159, Page 1270, all in the Public Records of Seminole County,
Florida (collectively the "Original Declaration"). This new
Declaration is executed by the Developer alone pursuant to the
authority granted in Article IX, Section 5 of the, Original
Declaration and pursuant to Assignments of Developer's Rights
recorded at Official Records Book 2159, Page 1270, and Official
Records Book 2441, Page Ill, Public Records of Seminole County,
Florida.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Assessment" means and refers to a share of the funds
required for payment of the expenses of the Association, which
funds shall be assessed against a Lot Owner from time to time.
(b) "Association" means and refers to CHELSEA PARC AT
TUSCAWILLA HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not
for profit, which is to be incorporated.
(c) "Common Areas" means and refers to the property as shown
on the Plat less the Lots, plus all property designated as Co~non
Areas in any future recorded supplemental declaration; together
with the landscaping and any improvements thereon, including,
without limitation, all structures, recreational facilities, open
space, masonry walls, walkways, entrances markers, signs, sprinkler
systems and street lights, if any, but excluding any public utility
installations thereon.
(d) "Declaration" means and refers to this Declaration of
Conditions, Covenants, Easements, and Restrictions for Chelsea Parc
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at Tuscawilla as recorded in the Public Records of SEMINOLE County,
Florida, and as the same may be amended from time to time.
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(e) "Developer" means and refers to CHELSEA PARC AT
TUSCAWILLA, LTD., a Florida limited partnership, its successors arid
such of its assigns as to which the rights of Developer hereund~
are specifically assigned by written instrument recorded in t~
Public Records of SEMINOLE County, Florida. Developer may assig~
only a portion of its rights hereunder, or all or a portion of sucm
rights in connection with appropriate portions of The properties~
In the event of such a partial assignment of its rights, the
assignee shall not be deemed the Developer, but may exercise such
rights of Developer specifically assigned to it. Any such
assignment may be made on a non-exclusive basis. A Lot purchaser,
Lot Owner or Lot mortgagee shall not be deemed to be the Developer
by the mere act of purchase or mortgage of a Lot.
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(f) "Institutional Lender" or "Institutional Mortgagee" means
and refers to a bank, savings and loan association, insurance
company, mortgage company, real estate investment trust, pension
fund, pension trust, or any other generally recognized
institutional-type lender or its loan correspondent, the Federal
Home Loan Mortgage Corporation (FHLMC), the Federal National
Mortgage Association (FNMA), or any agency of the united States
Governlnent or any lender providing funds to the Developer for the
purpose of constructing improvements upon the Properties (and such
lender's successors and assigns) or any other lender approved by
the Association Board of Directors as an "Institutional Lender" or
"Institutional Mortgagee."
(i) "Lot" means and refers to any Lot on any recorded plat or
replat of portions of The Properties, which plats are designated by
the Developer hereby to be subject to these covenants and
restrictions.
(j) "Old Lot" means and refers to Lots 1-4 in Block A, Lots
1-6 in Block B, Lots 1-6 in Block C, Lots 1-4 in Block H, Lots 1-4
in Block I, Lots 1-4 in Block L, Lots 1-4 in Block M, Lots 1-6 in
Block 0 and Lots 1-9 in Block P, as shown on the plat of Braewick
of Tuscawilla - Phase I recorded at Plat Book 37, Pages 53 and 54,
Public Records of Seminole County, Florida.
(k) "Member" means and refers to all those Owners who are
Members of the Association as provided in Article III hereof.
Lot.
(1) "New Lot" means and refers to any Lot that is not an Old
(m) "Owner" means and refers to the record owner, whether one
or more persons or entities, of the fee simple title to any Lot
situated upon The Properties.
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(n) "Plat" means and refers to the plat of Chelsea Parc at
Tuscawilla - Phase I, as recorded in Plat Book 45, Pages 82 and 83,
Public Records of SEMINOLE County, Florida, together with any plat
of additional land made subject to this Declaration and to the
jurisdiction of the Association. m
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(0) "The Properties" means and refers to all such existiIig
properties as described in Article II, section 1 of tht~
Declaration, and additions thereto, as are now or hereafter mad"S
subject to this Declaration and to the jurisdiction of t~
Association, except such as are withdrawn from the provisions
hereof in accordance with the procedures hereinafter set forth. ?
(p) "Residence" means and refers to any residential building
constructed on a Lot.
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ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO
Section 1. Leqal Description. The real property which,
initially, is and shall be held, transferred, sold, conveyed and
occupied subject to this Declaration is located in Seminole County,
Florida, and is more particularly described as follows:
All of BRAEWICK OF TUSCAWILLA - PHASE I, according
to the plat thereof, as recorded in Plat Book 37,
Pages 53 and 54, of the Public Records of SEMINOLE
County, Florida.
All of CHELSEA PARC AT TUSCAWILLA - PHASE I,
according to the plat thereof, as recorded in
Plat Book 45, Pages 82 and 83, of the Public
Records of SEMINOLE County, Florida.
all of which real property, and all additions thereto, is herein
referred to collectively as "The Properties". To the extent all or
any portion thereof is not owned by the Developer, the respective
Owners thereof shall have joined in this Declaration for the
purpose of subjecting that portion of The properties owned by each
of them to this Declaration.
section 2. Supplements. Developer may from time to time (but
shall have no obligation) bring other land under the provisions
hereof by recorded supplemental declarations (which shall not
require the consent of then existing Owners or the Association, or
any mortgagee, except in the case of property not then owned by the
Developer but proposed to be added to The Properties, in which case
the Owner thereof shall join in the applicable supplemental
declaration) and thereby add to The Properties. To the extent that
additional real property shall be made a part of The Properties as
a common scheme, reference herein to The Properties should be
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deemed to be a reference to all of such additional property where
such reference is intended to include property other than that
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
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Section 1. Membership'. Every person or entity who is a reco~d
Owner of a fee or undivided fee interest in any Lot shall be ~
Member of the Association. Notwithstanding anything else to th~ ~
contrary set forth in this Section 1, any such person or entity whO C~
holds such interest merely as security for the performance of an ~
obligation shall not be a Member of the Association. Membership in
the Association shall be appurtenant to each Lot and may not be
separated from ownership of said Lot. The record title holder to
each Lot shall automatically become a Men~er of the Association and
shall be assured of all rights and privileges thereof upon
presentation of a photostatic ally or otherwise reproduced copy of
said Owner's deed to the Association Secretary for placement in the
records of the Association. To the extent that said deed shall
pass title to a new Lot Owner from an existing Lot Owner,
membership in the Association shall be transferred from the
existing Lot Owner to the new Lot Owner.
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Section 2. Votinq Riqhts. The Association shall have two (2)
classes of voting membership:
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Class A. Class A Members shall be all those Owners as
defined in Section 1 with the exception of the Developer
(as long as the Class B Membership shall exist, and
thereafter, the Developer shall be a Class A Member to
the extent it would otherwise qualify). Except as
provided below, Class A Members shall be entitled to one
(1) vote for each Lot in which they hold the interests
required for membership by Section 1. When more than one
person holds such interest or interests in any Lot, all
such persons shall be Members, but the single vote for
such Lot shall be exercised only by one person who is
entitled to vote for said Lot based on a written
certificate signed by all owners of the Lot and filed
with the Association. In no event shall more than one
vote be cast with respect to any such Lot.
Class B. The Class B Member shall be the Developer. The
Class B member shall be entitled to one (1) vote, plus
two (2) votes for each vote entitled to be cast in the
aggregate at any time and from time to time by the Class
A Members. The Class B membership shall cease and
terminate: 1) at such time as 75% of all Lots to be
ultimately subject to Association membership within The
Properties have been sold and conveyed by the Developer;
or 2) December 31, 1997; or 3) sooner at the election of
4
the Developer, whichever event shall first occur,
whereupon the Class A Members shall be obligated to elect
the Board and assume control of the Association. Upon
termination of the Class B membership as provided f~
herein, the Class B membership shall convert to Class ~
membership with voting strength as set forth above fa~
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Section 3. General Matters. When reference is made herein, OD
in the Articles, By-Laws, Rules and Regulations, managemen~
contracts or otherwise, to a majority or specific percentage qE
Members, such reference shall be deemed to be reference to 'a
majority or specific percentage of the votes per lot and not of the
Members themselves.
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ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREAS: OTHER EASEMENTS
Section 1. Members Easements. Each Member, and each tenant,
agent and invitee of such Member or tenant, shall have a
nonexclusive permanent and perpetual easement over and upon the
Common Areas for the intended use and enjoyment thereof in common
with all other such Members, their tenants, agents and invitees, in
such manner as may be regulated by the Association.
without limiting the generality of the foregoing, such rights
of use and enjoyment are hereby made subject to the following:
(a) The right and duty of the Association to levy
Assessments against each Lot for the purpose of maintaining the
Common Areas and facilities in compliance with the provisions of"
this Declaration and with the restrictions on the Plats of portions
of The Properties from time to time recorded.
(b) The right of the Association to suspend the Owner's
(and his permitees') voting rights and right to use the
recreational facilities (if any) for any period during which any
Assessment against his Lot remains unpaid; and for a period not to
exceed sixty (60) days for any infraction of lawfully adopted and
published rules and regulations.
(c) The right of the Association to adopt at any time
and from time to time and enforce rules and regulations governing
the use of the Lots and Common Areas and all facilities at any time
situated thereon. Any rule and/or regulation so adopted shall
apply until rescinded or modified as if originally set forth at
length in this Declaration.
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(d) The right to the use and enjoyment of the Common
Areas and facilities thereon shall extend to all permitted user's
ilnmediate family who reside with him, subject to regulation front
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time to time by the Association in its lawfully adopted and
published rules and regulations.
Section 2. Easements Appurtenant. The easements provided in
Section 1 shall be appurtenant to and shall pass with the title ta~
each Lot. ~
Section 3. Maintenance. The Association shall at all time~
maintain in good repair and manage, operate and insure, and shal~l
replace as often as necessary, the Common Areas and alg
improvements thereto, if any, all such work to be done as ordered
by the Board of Directors of the Association. The Associatio?
shall also maintain in good repair, and replace as often as
necessary such portion of the Lots and the improvements thereon as
is required herein. Maintenance of the aforesaid lighting fixtures
shall include and extend to payment for all electricity consumed in
their illumination. without limiting the generality of the
foregoing, the Association shall assume all of Developer's
responsibility to Seminole County or the City of winter Springs of
any kind with respect to the Common Areas and shall indemnify and
hold the Developer harmless with respect thereto.
As hereinafter provided, the Association may at its option,
maintain repaint, and repair other portions of the Lots and
improvements constructed thereon, in the manner hereinafter
contemplated, and easements over such Lots are hereby reserved in
favor of the Association and its designees to effect such
maintenance, painting, and repair. Except as may otherwise be
provided herein, each Owner shall be responsible, however, for the
maintenance, replacements, and repair of all paving, structures and
improvements located on his Lot.
All work pursuant to this section and all expenses incurred
hereunder shall be paid for by the Association through Assessments
(either general or special) imposed in accordance herewith. No
Owner may waive or otherwise escape liability for Assessments by
non-use of the Common Areas or Lots or abandonment of the right to
use the Common Areas.
Section 4. Utility Easements. The Association shall have the
right to grant permits, licenses, and easements over the Common
Areas for utilities, roads, and other purposes reasonably necessary
or useful for the proper maintenance or operation of The
properties. Use of the Common Areas for utilities, as well as use
of the other utility easements as shown on relevant plats, shall be
in accordance with the applicable provisions of this Declaration.
Perpetual, nonexclusive easements are reserved across the Common
Areas to the Developer and/or the Association, or such utility,
security, and cable television companies to which the Developer or
Association may convey easement rights, for and on behalf of the
Developer, the Association, and the grantee utility companies, as
may be required for the entrance upon, construction, connection to,
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disconnection from, replacement of, maintenance, and operation of
utility services, surface and storm water management and drainage
facilities, cable television system, security, and such other
equipment as may be required to adequately serve the Properties,
any other lands subject to ownership by the Association or the
Developer, it being expressly agreed that the Developer and any q~
its successors or assigns, the Association, utility companies aqg
any other person benefitted hereby making the entry shall resto~~
the property as nearly as practicable to the condition whia:h
existed prior to commencement of construction of such utility 9.?
storm water management and drainage facilities. An easement 1:.5
reserved over, under, and across each of the Lots for the placeme~
and operation of electric utility meters and lines connected to tbe
meters serving any and all Lots within the Block upon which said
Lot is located, all of which Lots and Blocks are depicted upon the
Plat. In addition, easements are reserved to the Association and
the Developer, and may be created from time to time by the
Developer during any period that the Developer shall own at least
one (1) Lot, for such further utility, egress, ingress, or drainage
easements over and across the Properties as may be required from
time to time to serve any of the Lots and/or any other or
additional lands during the course of development of same, whether
such additional lands become subject to the jurisdiction of the
Association and part of the Properties or not. Regarding any
easement conveyed by the Developer, the joinder of the Association
or any Lot Owner or Lot Owner's mortgagee shall not be required.
Section 5. Public Easements. Fire, police, health and
sanitation, park maintenance and other public service personnel and
vehicles shall have a permanent and perpetual easement for ingress
and egress over and across the Common Areas.
Section 6. Ownership. As shown on the Plat, the Common Areas
are hereby dedicated free and clear of all liens, non-exclusively
to the joint and several use, in common, of the Owners of all Lots
that may from time to time constitute part of The Properties to
such Owners' tenants, guests and invitees. Notwithstanding
anything to the contrary contained in this Declaration, the
Association shall have the right but not the obligation to assign
parking spaces and change parking space assignments. If parking
spaces are assigned, there shall be a minimum of one parking space
assigned per Lot. The Common Areas (or appropriate portions
thereof) shall, upon the later of completion of the improvements
thereon or the date when the last Lot within The Properties has
been conveyed to a purchaser (or at any time and from time to time
sooner at the sole election of the Developer), be conveyed to the
Association, which shall accept such conveyance. The Association
is hereby granted an easement over and across all Lots for access
of personnel and equipment to maintain, repair, renovate or
construct improvements upon, or achieve the objectives of Article
IV, Section 3 hereof, upon all parts and parcels of the Common
Areas. Beginning from the date these covenants are recorded, the
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Association shall be responsible for the maintenance of such Common
Areas (whether or not then conveyed or to be conveyed to the
Association) and for the maintenance of such portion of the Lots as
is provided herein. The Association shall be responsible for the
payment of any taxes assessed against the COInmon Areas, includi?g
taxes on any improvements and any personal property locat~g
thereon, which taxes accrue from and after the date these covenan;~
are recorded. Developer shall have the right from time to time ~9
enter upon the Common Areas and other portions of The Properti~~
for the purpose of construction, reconstruction, repair, connecti~~
to, disconnection from, replacement and/or alteration of any
improvements or facilities on the Common Areas or elsewhere on Th~
Properties that Developer elects to effect, and to use the Commbn
Areas and other portions of The Properties without charge for
sales, displays and signs or for any other purpose during the
period of construction and sale of any portion of The Properties.
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Section 7. Other Easements. The Association, its agents and
employees shall have such perpetual easements over and across all
Lots as may be reasonably necessary for it to fulfill its
obligations hereunder. Easements are reserved over each Lot and
the Common Areas in favor of each other Lot and the Common Areas in
order to permit drainage and run-off from one Lot (and its
improvements) to another or to the COInmon Areas or from the Common
Areas to any Lot or Lots. There shall be reciprocal appurtenant
easements of encroachment as between each Lot for the unwilling
placement, shifting, or settling of the improvements constructed,
reconstructed, or altered thereon (in accordance with the terms of
this Declaration), to a distance of not more than ten (10) feet, as
measured from any point on the common boundary between adjacent
Lots.
...----..,
Section 8. Additional Easements. The Developer, during any
period in which there are any unsold Lots on the Properties as now
or hereafter defined, and thereafter the Association, each shall
have the right to grant such additional electric, security,
telephone, gas, cable television or other utility easements, and to
relocate any existing easements in any portion of the Properties,
and to grant access easements and relocate any existing access
easements in any portion of the Properties, as the Developer or the
Association shall deem necessary or desirable for the proper
operation and maintenance of the Properties of, or for the general
health or welfare of the Lot Owner, or for the purpose of carrying
out any provisions of this Declaration; provided, that such
easements or the relocation of existing easements will not prevent
or unreasonably interfere with the use of the Lots for their
intended purposes. The joinder of the Association or any Lot Owner
or Lot Owner's mortgagee shall not be required in the event the
Developer declares an additional easement pursuant to the
provisions hereof.
8
Section 9. Party Walls. with respect to Old Lots on which
Party Walls exist, the provisions of Exhibit "A" shall apply.
ARTICLE V
ASSOCIATION-COVENANT
FOR MAINTENANCE ASSESSMENTS
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Section 1. Creation of the Lien and Personal Obliqation of tfie
Assessments. Except as provided elsewhere herein, the Develop~
(and each party joining in this Declaration or in any supplelnent~
declaration), for all Lots within The Properties, hereby covena~t
and agree, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed or
other conveyance, shall be deemed to covenant and agree, to pay to
the Association annual Assessments or charges for the maintenance,
management, operation and insurance of the Common Areas and the
maintenance of Lot landscaping and Residence exteriors as provided
elsewhere herein, including such reasonable reserves as the
Association may deem necessary, capital improvement Assessments, as
provided elsewhere herein, Assessments for maintenance as provided
in Section 4 hereof and all other charges and Assessments
hereinafter referred to, all such Assessments to be fixed,
established and collected from time to time as herein provided. In
addition, special Assessments may be levied against particular
Owners and Lots for expenses incurred against particular Lots
and/or Owners to the exclusion of others and other charges against
specific Lots or Owners as contemplated in this Declaration. The
annual, special and other Assessments, together with such interest
thereon and costs of collection thereof as hereinafter provided,
shall be a charge on the land and shall be a continuing lien upon
the Lot against which each such Assessment is made. Each such
Assessment, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall also be the
personal obligation of the person who is the Owner of such property
at the time when the Assessment fell due but shall not be a
personal obligation of any subsequent Owner unless assumed by such
subsequent Owner. Except as provided herein with respect to (i)
Old and New Lots or (ii) special Assessments which may be imposed
on one or more Lots and Owners to the exclusion of others, all
Assessments imposed by the Association shall be imposed against all
Lots subject to its jurisdiction equally. Reference herein to
Assessments shall be understood to include reference to any and all
of said charges whether or not specifically mentioned.
Section 2. Purpose of Assessments. The regular Assessments
levied by the Association shall be used exclusively for
maintenance, repair, renovation, and construction upon the Common
Areas, for capital improvements and reserves and for promoting the
aesthetics of the Properties and the health, safety, welfare and
aesthetics of the Members of the Association and their families
residing with them, their guests and tenants, all as provided for
herein.
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In addition, with respect to Old Lots, the regular Assessments
shall be used to pay the following expenses with respect to the Old
Lots:
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improvements on each Old Lot, including the painting of roof tiles
as may reasonably be required from time to time, provided however,
that the Association shall not be otherwise responsible for
maintenance and repair of roofs and windows.
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with respect to New Lots, the regular Assessments shall be used to
pay only for mowing and edging of sodded areas located between the
front wall of the residence located on each New Lot and the
roadways within the Properties.
(a) Reserves for Replacement. The Association shall be
required to establish and maintain an adequate reserve fund for the
periodic maintenance, repair, and replacement of improvements to
the Common Areas. The reserve fund shall be maintained from annual
Assessments and shall be maintained in a separate account
segregated from operating funds.
(b) Uniformity.
to all Old Lots and uniform
assessments for Old Lots
Assessments for New Lots.
Regular Assessments shall be uniform as
as to all New Lots. However, regular
may be different frOll\ the regular
(c) Working Capital. Upon the closing of the sale of a
Lot, the buyer of such Lot shall pay to the Association an amount
equal to two monthly assessments of the Association for such Lot,
which amount shall be maintained in an account by the Association
as working capital for the use and benefit of the Association.
Said amount shall not be considered as advance payment of annual
Assessments.
'I
Section 3. Specific Damage. Owners (on their behalf and on
behalf of their children and guests) causing damage to any portion
of the Common Areas as a result of misuse, negligence, failure to
maintain or otherwise shall be directly liable to the Association,
and a special Assessment may be levied therefor against such Owner
or Owners. Such special Assessments shall be subject to all of the
provisions hereof relating to other Assessments, including, but not
limited to, the lien and foreclosure procedures.
10
Section 4. Exterior Maintenance. The Association shall
maintain and improve, as the Association may deem appropriate, all
landscaping, masonry walls, and improvements as initially placed by
the Developer on the Common Areas. In addition, the Association
shall maintain the following items on each Old Lot:
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(b) all landscaping, including irrigation
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trash and garbage collection
exterior building surfaces
windows
excluding
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On New Lots, the Association shall mow and edge the sodded areas
between the front wall of the residence on each New Lot and the
roadways within the Properties.
Section 5. Owner's Obligations. The Owner, except as
contemplated specifically herein, shall maintain the structures and
grounds not maintained by the Association on each Lot at all times
in a neat and attractive manner and as provided elsewhere herein.
Upon the Owner's failure to do so, the Association may at its
option, after giving the Owner five (5) days' written notice sent
to his last known address, or to the address of the subject
premises, have that portion of the grass, weeds, shrubs and
vegetation which the Owner is to maintain cut when and as often as
the same is necessary in its judgment, and have dead trees, shrubs
and plants removed from such Lot and other areas and replaced, and
may have any portion of the Lot and other areas resodded or
landscaped, and all expenses of the Association under this sentence
shall be a lien and special Assessment charged against the Lot on
which the work was done and shall be the personal obligation of all
Owners of such Lot. If the Association has not elected to provide
the exterior maintenance referred to above in this Section, then
upon the Owner's failure to maintain the exterior of the Lot in
good repair and appearance, the Association may, at its option,
after giving the Owner thirty (30) days' written notice sent to his
last known address, make repairs and improve the appearance in a
reasonable and workmanlike manner. The cost of any of the work
performed by the Association upon the Owner's failure to do so
shall be immediately due and owing from the Owner of the Lot and
shall constitute a special Assessment against the Lot on which the
work was performed, collectible in a lump sum and secured by the
lien against the Lot as herein provided. No bids need to be
obtained by the Association for any such work and the Association
shall designate the contractor in its sole discretion.
~
Section 6. Capital Improvements. Funds which are necessary for
the addition of capital improvements (as distinguished from repairs
and maintenance) relating to the Common Areas under the
11
jurisdiction of the Association and which have not previously been
collected as reserves or are otherwise available to the Association
shall be levied by the Association as special Assessments only upon
approval of a majority of the Board of Directors of the Association
and upon approval by two-thirds (2/3) favorable vote of the Members~~
of the Association voting at a meeting or by ballot as may b~:i
provided in the By-Laws of the Association. =~
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Section 7. Date of Commencement of Annual Assessments: Duell
Dates. The annual Assessments provided for in this Article shalg
commence on the first day of the month next following the
recordation of these covenants and shall be applicable throug.B)
December 31 of such year. Each subsequent annual Assessment shail
be imposed for the year beginning January 1 and ending December 31.
The annual Assessments shall be payable in advance in monthly
installments, or in annual, semi- or quarter-annual installments if
so determined by the Board of Directors of the Association. The
Assessment amount (and applicable installments) may be changed at
any time by said Board from that originally stipulated or from any
other Assessment that is in the future adopted, provided that no
assesslnent may increase by more than 15% over the previous year's
assessment without the approval of at least two-thirds (2/3) of the
Owners. The original Assessment for any year shall be levied for
the calendar year (to be reconsidered and amended, if necessary,
every six (6) months), but the amount of any revised Assessment to
be levied during any period shorter than a full calendar year shall
be in proportion to the number of months (or other appropriate
installments) remaining in such calendar year. The due date of any
special Assessment shall be fixed in the Board resolution
authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board of
Directors of the Association shall fix the date of commencement and
the amount of the Assessment against each Lot subject to the
Association's jurisdiction for each assessment period, to the
extent practicable, at least thirty (30) days in advance of such
date or period, and shall, at that time, prepare a roster of the
Lots and Assessments applicable thereto which shall be kept in the
office of the Association and shall be open to inspection by any
Owner. Written notice of the Assessment shall thereupon be sent to
every Owner subject thereto thirty (30) days prior to payment of
the first installment thereof, except as to emergency Assessments.
In the event no such notice of a change in the Assessments for a
new Assessment period is given, the amount payable shall continue
to be the same as the amount payable for the previous period, until
changed in the manner provided for herein. Subject to other
provisions hereof, the Association shall upon demand at any time
furnish to any Owner liable for an Assessment a certificate in
writing signed by an officer of the Association, setting forth
whether such assessment has been paid as to any particular Lot.
Such certificate shall be conclusive evidence of payment of any
Assessment to the Association therein stated to have been paid.
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The Association, through the action of its Board of Directors,
shall have the power, but not the obligation, to enter into an
agreement or agreements from time to time with one or more persons~~
firms or corporations (including affiliates of the Developer) fof)
management services. The Association shall have all other power~1
provided in its Articles of Incorporation and By-Laws. ~2
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Section 9. Effect of Non-Payment of Assessment: the personag
Obligation: the Lien: Remedies of the Association. If th~
Assessments (or installments), whether general or special, are n~
paid on the date{s) when due (being the date{s) specified herein)',
then such Assessments (or installments) shall become delinquent and
shall, together with late charges, interest and the cost of
collection thereof as hereinafter provided, thereupon become a
continuing lien on the Lot which shall bind such property in the
hands of the then Owner, his heirs, personal representatives,
successors and assigns. Each Assessment against a Lot shall also
be the personal obligation of the Owner at the time the Assessment
fell due. Such personal obligation of the then Owner to pay such
Assessment shall not pass to his successors in title unless assumed
by them.
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If any installment of an Assessment is not paid within fifteen
( 15) days after the due date, a late charge of the greater of
$25.00 or 5% of the amount of su~h unpaid installment shall be
imposed (provided that only one late charge may be imposed on any
one unpaid installment and if such installment is not paid
thereafter, it and the late charge shall accrue interest as
provided herein but shall not be subject to additional late
charges, provided further, however, that each other installment
thereafter coming due shall be subject to one late charge each as
aforesaid) or the next 12 months' worth of installments may be
accelerated and become immediately due and payable in full and all
such sums shall bear interest from the dates when due until paid at
the highest lawful rate and the Association may bring an action at
law against the Owner{s) personally obligated to pay the same or
may record a claim of lien (as evidence of its lien rights as
hereinabove provided for) against the Lot on which the assessments
and late charges are unpaid or may foreclose the lien against the
Lot on which the assessments and late charges are unpaid, or may
pursue one or more of such remedies at the same time or
successively, and attorneys' fees and costs of preparing and filing
the claim of lien and the complaint, if any, in such action shall
be added to the amount of such assessments, late charges and
interest, and in the event a judgment is obtained, such judgment
shall include all such sums as above provided and reasonable
attorneys' fee to be fixed by the court together with the costs of
the action, and the Association shall be entitled to attorneys'
fees in connection with any appeal of any such action.
In the case of an acceleration of the next 12 months' worth of
installments, each _ installment so accelerated shall be deemed,
13
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initially, equal to the amount of the then most current delinquent
installment, provided that if any such installment so accelerated
would have been greater in amount by reason of a subsequent
increase in the applicable budget, the Owner of the Lot who~~
installments were so accelerated shall continue to be liable fcir
the balance due by reason of such increase and special Assessmen~~
against such Lot shall be levied by the Association for suc(-l}
purpose. n
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Section 10. Subordination of the Lien. 'l'he lien of thEt
assessments provided for in this Article shall be subordinate fa
the lien of any first mortgage to any Institutional Lender and
which is now or hereafter placed upon any property subject to
Assessment; provided, however, that any such mortgagee when in
possession or any receiver, and in the event of a foreclosure, any
purchaser at a foreclosure sale, and any such mortgagee acquiring
a deed in lieu of foreclosure, and all persons claiming by, through
or under such purchaser or mortgagee, shall hold title subject to
the liability and lien of any Assessment coming due after such
foreclosure (or conveyance in lieu of foreclosure). Any unpaid
Assessment which cannot be collected as a lien against any Lot by
reason of the provisions of this Section shall be deemed to be an
Assessment divided equally among, payable by and a lien against all
Lots subject to Assessment by the Association, including the Lots
as to which the foreclosure (or conveyance in lieu of foreclosure)
took place.
Section 11. Access at Reasonable Hours. For the purpose
solely of performing the Lot and exterior Residence maintenance
authorized by this Article, the Association, through its duly
authorized agents or employees or independent contractors, shall
have the right, after reasonable notice to the Owner, to enter upon
any Lot at reasonable hours on any day to accomplish such work.
Section 12. Effect on Developer. Notwithstanding any
provision that may be contained to the contrary in this instrument,
for as long as Developer is the Owner of any Lot, the Developer
shall not be liable for Assessments against such Lot, provided that
Developer funds any deficit in operating expenses (exclusive of
reserves and management fees) of the Association. Developer may at
any time and from time to time commence paying such Assessments as
to Lots that it owns and thereby automatically terminate its
obligation to fund deficits in the operating expenses of the
Association, or at any time and from time to time elect again to
fund deficits as aforesaid. When all Lots within The Properties
are sold and conveyed to purchasers, Developer shall not have
further liability of any kind to the Association for the payment of
Assessments or deficits.
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Section 1. Applicability. The provisions of this Article V~~ G)
shall be applicable to all of The Properties but shall not ~~ -J
applicable to the Developer or property owned by the Developer. c~
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~ Section 2. Land Use and Building Type. No Lot shall be us~~
except for residential purposes. No building constructed on a LQ~
shall be used except for residential purposes. No building sharL ~
be erected laced or . to remain .Q11~ L.ot. oth..e:r; - 1...0
t an one Residence. Temporary uses by Deve oper for model homes, ~
sales displays, parking lots, sales offices and other offices, or
anyone or combination of such uses, shall be permitted until
permanent cessation of such uses takes place. No changes may be
made in buildings erected by the Developer (except if such changes
are made by the Developer) without the consent of the Architectural
Control Board as provided herein.
ARTICLE VI
CERTAIN RULES AND REGULATIONS
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Section 3. Openinq Blank Walls: Removinq Fences. No Owner
shall make or permit any opening to be made in any Developer or
Association erected blank wall, or masonry wall or fence, except as
such opening is installed by Developer. No such building wall or
masonry wall or fence shall be demolished or removed without the
prior written consent of the Owner of the adjoining Lot, Developer
and the Architectural Control Board. Developer shall have the
right but not be obligated to assign all or any portion of its
rights and privileges under this Section to the Association.
I
Section 4. Easements. Easements for installation,
replacement, connection to, disconnection from, and maintenance of
utilities are reserved as shown on the recorded Plats covering The
Properties and as provide herein. wi thin these ease e J1Q.
structur~ plantin~ or other material ma e aced or Det~itted r~
remain t at WLll ~ inter ere Wl.t or ,B.Levent -the maintenance of
litilfti~s, unless ~aid structure" p~an.t~r other material h~
been so placed_ by the Developer... or has been Hn p 1 ij,ced bv the
~e..loper or 'J\ssociation.. or -4with the permis~CUl of the I
Archl.te~turdl Control Board. 'l'his provision shall notbe construed
to prohibit an Owner from installing any plant materials within
such easement areas as long as such materials will not interfere or
prevent maintenance of the utilities and provided that such
materials may be removed and not replaced by any user of the
easement. The area of each Lot covered by an easement and all
improvements in the area shall be maintained continuously by the
Owner of the Lot, except as provided herein to the contrary and
except for installations for which a public authority or utility
company is responsible.
Section 5.
activity shall
Nuisances.
be carried
No noxious,
on upon The
offensive or unlawful
Properties, nor shall
15
anything be done thereon which may be or may become an annoyance or
nuisance to other Owners.
Section 6. Temporary Structures. No structure of a temporary
character, or trailer, tent, mobile home, motor home, or
recreational vehicle, shall be permitted on The Properties at a~M
time or used at any time as a residence, either temporarily q~
permanently, except by the Developer during construction. No g~S
tank, gas container or gas cylinder shall be permitted to be place~
on or about the outside of any Residence or on or about a1.X
ancillary building. 0
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Section 7. Signs. Except for signs appropriate to tl~-e
Properties which display the street number of the Lot and name of
the Owner or signs provided by security companies indicating that
a Lot is protected by a security system, no sign of any kind shall
be displayed to the public view on The Properties, except any sign
used by the Developer to advertise the company during the
construction and sales period. No sign of any kind shall be
permitted to be placed inside a home or on the outside walls of the
home or on any fences on The Properties, nor on the Common Areas,
nor on dedicated areas, if any, nor on entryways or any vehicles
within The Properties, except such as are placed by the Developer.
The foregoing notwithstanding, Owners may place a standard "For
Sale" sign in the front yard of any lot, provided such sign is of
a standard size and appearance for the residential market in which
the lots are located.
Section 8. Oil and Mininq Operation. No oil drilling, oil
developnlent operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in The
Properties, nor on dedicated areas, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in The
Properties. No 'derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained or
permitted upon any portion of the land subject to these
restrictions.
"
Section 9. Pets I Livestock and Poultry. No animals, livestock
or poultry of any kind shall be raised, bred or kept on any Lot,
except that a reasonable number of household pets may be kept on a
Loti provided they are not kept, bred or maintained for any
commercial purpose, and provided that they do not become a nuisance
or annoyance to any neighbor. No dogs or other pets shall be
permitted to have excretions on any COntnlOn Areas, and Owners shall
be responsible to clean-up any such improper excretions. For
purposes hereof, the decision and opinion of the Association I s
Board of Directors shall control.
Section 10. Visibility at Intersections. No obstruction to
visibility at street intersections or COntnlon Area intersections
shall be permitted.
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Section 11. Architectural Control. No building, wal~, f~e,
mail box or other structure or improvement ~of any nature ( ~ncluding j'0
e~ter~or paint or t"inu;;h, and Ole color ana l:YP~ of roo!: ,shingle) UI
s all be erect~d, placed or altered on any Lot until e6e~
construction plans and specifications and a plan showina -cae_-.J
location of the structure or of the mate. ials as ma be re' . ..--4
Arc' t r Control Board have been approve ~n writing ~'IY
the rc ~ ectura Control Board named below and all necessw
governmental permits are obtained. Each building wall, fence ~r --
other structure or improvement of any nature, shall be erect~, ~
placed or altered upon the premises only in accordance with ~ne uJ
plans and specifications and plot plan so approved and applicable o~
governmental permits and requirements. Refusal of approval of
plans, specifications and plot plans, or any of them, may be based
on any ground, including purely aesthetic grounds, which in the
sole and uncontrolled discretion of said Architectural Control
Board seem sufficient. Any change in the exterior appearance of
any building, wall, fence or other structure or improvements, shall
be deemed an alteration requiring approval. The Architectural
Control Board shall have the power to promulgate such rules and
regulations as it deems necessary to carry out the provisions and
intent of this paragraph. The Architectural Control Board shall be
composed of four Owners and one member of the Board of Directors,
all appointed by majority vote of the Board of Directors.
In the event any party governed by this Declaration is not
satisfied with any decision of the Architectural Control Board,
such party may send a written notice of appeal to the Board of
Directors asking the Board to review the decision of the
Architectural Control Board and stating specific reasons for said
party's dissatisfaction with the Architectural Control Board
decision. Such notice must be received by the Board within ten
(10) days after the date on which the Architectural Control Board
made the decision in question and the Board shall review the
decision at its next regular meeting. Notice of such meeting shall
be sent to all Owners at least ten (10) days prior to the meeting
and such notice shall state that the decision is to be reviewed and
shall include a copy of the decision and the notice of appeal. In
reviewing any decision of the Architectural Control Board, the
Board of Directors shall allow all Owners and their representatives
to attend such meeting and address the Board concerning the
decision under review. The decision of The Board of Directors
shall be final.
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The address of said Board shall be the address of the
Association's registered agent. A majority of the Board of
Directors may designate a representative to act for the Board and
may employ personnel and consultants to act for it. The members of
the Board shall not be entitled to any compensation for services
performed pursuant to this covenant. The Architectural Control
Board shall act on submissions to it, or request further
information thereon, within thirty (30) days after receipt of the
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17
,
same (and all further documentation required) or else the request
shall be deemed approved. Members of the Board shall be appointed
by the Board of Directors of the Association as a conunittr/')e
thereof. without limiting the generality of Section 1 hereof, t~
foregoing provisions shall not be applicable to the Developer or ~
construction activities cond~cted by the Developer. c)
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Section 12. Exterior Appearances. The pa1nt, coat1ng, sta~p
and other exterior finishing colors on all residential buildinas
may be maintained as that originally installed, without prior
approval of the Architectural Control Board, but prior approval by
the Architectural Control Board shall be necessary before any such
exterior finishing color is changed.
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Section 13. Commercial Trucks, Trailers, Campers and Boats.
No trucks or commercial vehicles, or campers, mobile homes,
motorhomes, house trailers or trailers of every other description,
recreational vehicles, boats, boat trailers, horse trailers or
vans, shall be permitted to be parked or to be stored at any place
on The Properties, nor in dedicated areas, where they are visible
from any roadway or from any Lot. This prohibition of parking
shall not apply to temporary parking of trucks and commercial
vehicles, such as for pick-up and delivery and other commercial
services, nor to vans for personal use which are in acceptable
condition in the sole opinion of the Board (which favorable opinion
may be changed at any time), rior to any vehicles of the Developer.
No on-street parking shall be permitted.
Section 14. Garbaqe and Trash Disposal. No garbage, refuse,
trash or rubbish shall be deposited except as permitted by the
Association. The requirements from time to time of the applicable
goverrunental authority for disposal or collection of waste shall be
complied with. All equipment for the storage or disposal of such
material shall be kept in a clean and sanitary condition. Such
containers may not be placed out for collection sooner than 24
hours prior to scheduled collection and must be removed within 12
hours of collection.
Section 15.~Fences} No fence, wall or other structure shall
be erected in the front yard, back yard, or side yard setback
areas, except as originally installed by Developer or except as
approved by the Architectural Control Board as above provided.
Section 16. No Drving. To the extent lawful, no clothing,
laundry or wash shall be aired or dried on any portion of The
Properties without the prior consent of the Board of Directors.
Section 17. Unit Air Conditioners and Reflective Materials.
No air conditioning units may be mounted through windows or walls.
No building shall have any aluminum foil placed in any window or
glass door or any reflective substance or other materials (except
standard window treatments) placed on any glass, nor may any
18
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awnings or canopies be installed, except such as may be approved by
the Architectural Control Board for energy conservation purposes. i~
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Section 18. Exterior Antennas. No exterior antennas shallr~ea,
permitted on any Lot or improvement thereon, except that Develop'~r-~
shall have the right to install and maintain community anten~a,
microwave antenna, dishes, satellite antenna and radio, televisron
and security lines. g
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Section 19. ~hain Link Fence~. No chain link fences shall ~e UJ
permi tted on any Lot or portio thereof, unless installed' by cr..>
Developer during construction periods.
Section 20.(swing Sets and Playhouses) If a swing set or
playhouse or sim~r structure is placed orl any Lot so that such
structure is visible from the Tuscawilla Golf Course, then the
Owner of such Lot shall be required to install a hedge at least
four feet in height to screen such structure from view from the
golf course. Such hedges shall be of a material and density
approved by the Association.
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Section 21. Leases. No portion of a Lot and Residence (other
than an entire Lot and Residence) may be rented without the written
consent of the Association. Leases for a term less than twelve
months are prohibited. Each Owner wishing to lease his Lot and
Residence must give prior written notice to the Association of such
fact and the names and addresses (and such other information
required from time to time by the Association) of the occupants
under such lease. The Association has the right (but not the
obligation) to promulgate standard provisions to be included in all
lease forms, in which case all leases must include such standard
provisions or be deemed to include same. Furthermore, the
Association reserves the right to reject for reasonable cause any
proposed lease of a Lot and Residence, and if so rejected, no such
lease shall be permitted. The Association may enforce this Section
by bringing an action in any court of competent jurisdiction to
evict any tenant who has not been approved hereunder and may
recover all its costs and attorneys fees for any such action from
the Owner of the Lot in questions and the Tenant, jointly and
severally.
Section 22. Additional Rules and Regulations. The Association
may promulgate rules and regulations governing the Properties and
Members and may enforce same in accordance with the terms of this
Declaration.
ARTICLE VII
RESALE RESTRICTIONS
No Owner may sell or convey his interest in a Lot unless all
sums due the Association shall be paid in full and an estoppel
certificate in recordable form to such effect shall have been
19
received by the Owner. If all such sums shall have been paid, the
Association shall deliver such certificate within ten (10) days of 1'0
a written request therefor. The Owner requesting the certificateL:J1
shall pay to the Association a reasonable sum to cover the costs ~t ,0-
examining records and preparing the certificate. :( ~
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Section 1. Compliance by Owners. Every Owner shall com~lv
with the restrictions and covenants set forth herein and any ana
all rules and regulations which from time to time may be adopted by
the Board of Directors of the Association.
ARTICLE VIII
ENFORCEMENT
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Section 2. Enforcement. Failure of an Owner to comply with
such restrictions, covenants or rules and regulations shall be
grounds for immediate action which may include, without limitation,
an action to recover sums due for damages, injunctive relief, or
any combination thereof. The Association shall have the right to
suspend voting rights and use of Common Areas (except for legal
access) of defaulting Owners. The offending Lot Owner shall be
responsible for all costs of enforcement including attorneys' fees
actually incurred and court costs.
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ARTICLE IX
GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of this
Declaration shall run with and bind The Properties, and shall inure
to the benefit of and be enforceable by the Developer, the
Association, the Architectural Control Board and the Owner of any
land subject to this Declaration, and their respective legal
representatives, heirs, successors and assigns, for a term of fifty
(50) years from the date this Declaration is recorded, after which
time said covenants shall be automatically extended for successive
periods of ten (10) years each unless an instrument signed by the
then Owners of 75% of all the Lots subject hereto has been
recorded, agreeing to revoke said covenants and restrictions.
Provided, however, that no such agreement to revoke shall be
effective unless made and recorded three (3) years in advance of
the effective date of such revocation, and unless written notice of
the proposed agreement is sent to every Owner at least ninety (90)
days in advance of any action taken.
Section 2. Notice. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration shall be
deemed to have been properly sent when personally delivered or
mailed, postpaid, to the last known address of the person who
appears as Member or Owner on the records of the Association at the
time of such mailing.
20
Section 3. Enforcement. Enforcement of these covenants and
restrictions may be by any Lot Owner, the Association, the,)
Association Board of Directors, the Architectural Control Board or ~~1
the City of winter Springs, Florida and may be accomplished by ~&y .~~
proceeding at law or in equity against any person or persOifs-.J
violating or attempting to violate any covenant or restrictiq~,
either to restrain a violation or to recover damages, and agaiq~t
the Lots to enforce any lien created by these covenants; ~d
failure to enforce any covenant or restriction herein contai~-
shall in no event be deemed a waiver of the right to do ~ ~
thereafter. The City of Winter Springs, Florida shall not !De C)
obligated or bound by any of the covenants herein or be liable to CJ
or for any person or persons under the covenants herein.
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Section 4. Severability. Invalidation of anyone of these
covenants or restrictions or any part, clause or word hereof, or
the application thereof in specific circumstances, by judgment or
court order shall not affect any other provisions or application in
other circumstances, all of which shall remain in full force and
effect.
Section 5. Amendment. In addition to any other manner herein
provided for the amendment of this Declaration, the covenants,
restrictions, easements, charges and liens of this Declaration may
be amended, changed or added to at any time and from time to time
upon the execution and recordation of an instrument executed by the
Developer alone, for so long as it holds title to any Lot affected
by this Declaration; or alternatively by approval at a meeting of
Owners holding not less than 66 2/3% vote of the membership in the
Association, provided, that so long as the Developer is the Owner
of any Lot affected by this Declaration, the Developer's consent
must be obtained if such amendment, in the sole opinion of the
Developer, affects its interest. The foregoing may not be amended.
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Section 6.
effective upon
Records.
Effective Date.
its recordation
This Declaration shall become
in the - Seminole County Public
Section 7. withdrawal. Developer reserves the right to amend
this Declaration at any time, without prior notice and without the
consent of any person or entity, for the purpose of removing
certain portions of The Properties then owned by the Developer or
the Association from the provisions of this Declaration to the
extent included originally in error or as a result of reasonable
changes in the plans for The Properties desired to be affected by
the Developer.
Section 8. Conflict. This Declaration shall take precedence
over conflicting provisions in the Articles of Incorporation and
By-Laws of the Association and the Articles shall take precedence
over the By-Laws.
21
Section 9. Easements. Should the intended creation of any
easement provided for in this Declaration fail by reason of the ,
fact that at the time of creation there may be no grantee in being~.~
having the capacity to take and hold such easement, then any s4qh~)
grant of easement deemed not to have been so created shifJ;l-..J
nevertheless be considered as having been granted directly to the
Association as agent for such intended grantees for the purpose~f
allowing the original party or parties to whom the easements w~re
originally intended to have been granted the benefit of su2h-
easement and the Owners designate hereby the Developer and ~e W
Association (or either of them) as their lawful attorney-in-fact !to c)
execute any instrument on such Owners' behalf as may hereafter be --
required or deemed necessary for the purpose of later creating such
easement as it was intended to have been credited herein. Formal
language of grant or reservation with respect to such easements, as
appropriate, is hereby incorporated in the easement provisions
hereof to the extent not so recited in some or all of such
provisions.
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Section 10. Covenants Running with The Land. ANYTHING TO THE
CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY
(AND SUBJECT TO THE LIMITATIONS) OF SECTION 1 HEREOF, IT IS THE
INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE
HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS) THAT THESE
COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE
TO THE PROPERTIES. WITHOUT LIMITING THE GENERALITY OF SECTION 4
HEREOF, IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD
PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID,
SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF
AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH
PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH
WILL ALLOW THESE COVENANTS AND RES'I'RICTIONS TO SO RUN WITH THE
LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO
MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE
AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF
THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS
RUN WITH THE LAND AS AFORESAID) BE ACHIEVED.
Section 11. Dissolution of Association. In the event of a
permanent dissolution of the Association, all assets of the
Association shall be conveyed to a non-profit organization with
similar purposes. Failing the ability to find a non-profit
organization to succeed to the Association within 90 days of
dissolution of the Association, all Association assets may, upon
approval of and at the sole option and in the sole discretion of
the City of winter Springs, be dedicated to the city government of
Winter Springs, Florida. Said successor non-profit organization or
~ governmental entity shall pursuant to this Declaration provide for
the continued maintenance and upkeep thereof. Anything to the
contrary herein notwithstanding, this section may not be amended
without the written consent of the City of Winter Springs, Florida.
22
.
Section 12. Wetlands. with respect to any Wetlands I"..)
Areas located on the properties, there shall be no constructian UI
(including clearing), dredging or filling within any Wetland Area~~~. en
In addition, the following activities shall be strictly prohibit~~ ~
within Wetlands Areas: F~
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a. Construction or placing of buildings,
signs, billboards or other advertising, utilities, or
structures on or above such areas.
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b. Dumping or placing of soil or other substance
or material as landfill or dumping or placing of trash, waste, or
unsightly or offensive materials.
c.
other vegetation.
d. Excavation, dredging, or removal of loam, peat,
gravel, soil, rock, or other material substance in such manner as
to affect the surface.
Removal or destruction of trees, shrubs, or
land or water
condition.
e. Surface use except for purposes that permit the
area to remain predominantly in its natural
f. Activities detrimental to drainage, flood
control, water conservation, erosion control, soil conservation or
fish and wild life habitat preservation.
g. Acts or uses detrimental to such retention of
land or water areas as a wetlands area.
h. Acts or uses detrimental to the preservation of
the structural integrity or physical appearance of such wetlands
areas to the extent they have any historical, architectural,
archaeological, or cultural significance.
The provisions of this Section 12 may be enforced by the St. Johns
River Water Management District or its successors and the
provisions of this Section 12 may not be amended or deleted without
the written approval of the District.
"Wetlands Areas" shall mean and refer to that portion of the
Properties described in Exhibit "B" attached hereto.
ARTICLE X
INSURANCE AND LENDER'S NOTICES
Section 1. Insurance an~ Fidelity Bonds. The Association
shall obtain and maintain ln effect casualty and liability
insurance and fidelity bond coverage as specified in the Federal
23
National Mortgage Association Lending Guide, Chapter Three';0
Insurance Requirements, as such shall be amended from time to tirp..J1. Ul
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section 2. Lender's Notices. Upon written request to i.~e~
Association, identifying the name and address of the hold~.t,
insurer or guarantor and the lot number or address, any mortg~ge
holder, insurer or guarantor shall be entitled to timely writ~n
notice of: Co) -
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(a) any condemnation or casualty loss that affe6t.s ~
either material portion of The properties or the Lots securing its
mortgage;
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(b) any sixty day delinquency in the payment of
Assessments or charges owed by the Owner of any Lot on which it
holds the mortgage;
(c)
any insurance
Association;
a lapse, cancellation, or material modification of
policy or fidelity bond maintained by the
(d) any proposed action that requires the consent of a
specified percentage of mortgage holders.
ARTICLE XI
LIMITATIONS ON ASSOCIATION
section 1. Limitations on Actions of Association. Unless at
least two thirds of the first mortgagees of Lots (based on one vote
for each first mortgage owned) or two thirds of the Lot Owners
(based on one vote per lot) (other than the Class B Member) have
given their prior written approval, the Association shall not be
entitled to take any of the following actions:
(a) By act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Conunon Areas. The
granting of easements for public utilities or other public purposes
consistent with the intended use of the Common Areas by the members
is not a transfer in the meaning of this clause.
(b) Change the method of determining the obligations,
Assessments or other charges that may be levied against Owner.
(c) By act or omission, change, waiver, abandon any
scheme of regulations or their enforcement pertaining to the
architectural design or the exterior appearance of units, the
exterior maintenance of units, the maintenance of the Common Areas,
walks, fences, and driveways, and the upkeep of lawns and plantings
in The Properties.
(d) Fail to maintain fire and extended coverage on
insurable Common A~eas on a current replacement cost basis in an
24
(e) Use hazard insurance proceeds for losses to
Common Areas for other than the repair, replacement
reconstruction of the Common Areas.
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replacement costs).
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ARTICLE XII
PAYMENT OF CHARGES BY FIRST MORTGAGEES
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Section 1. Pavment of Charges by First Mortqaqees.
Mortgagees of Lots may:
(a) Jointly or singly pay taxes or other charges that
are in default and that mayor have become charges against any
Common Areas; and
(b) Pay overdue premiums on hazard insurance policies or
secure new hazard insurance coverage for the Common Areas in the
case of lapse of a policy.
First Mortgagees making such payments are due immediate
reimbursements from the Association. The Association shall duly
execute an agreement reflecting such entitlement to reimbursement.
ARTICLE XIII
AGREEMENT FOR PROFESSIONAL MANAGEMENT
section 1. Agreement for Professional Manaqement. Any
agreement for Professional Management for 'l'he Properties or any
other contract providing for services of the Developer may not
exceed three years. Any such agreement must provide for
termination by either party without cause and without payment of
the termination fee on ninety days or less written notice.
EXECUTED as of the date first above written.
Delivered
CHELSEA PARC AT TUSCAWILLA, LTD.
a Florida limited partnership
By Its General Partner
BOLIN DEVELOPMENT, INC.,
By~~d7
Theodore A. Bo11n, pres~-
Address: 2611 Technology Dr.
Ste. 207, Orlando, FL 32804
25
STATE OF FLORIDA
COUNTY OF (;;V m ~-
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11-nst ument was acknowledged before me this ~"0
day of ?';/V", " 1993 by Theodore A. Bolin, PresidentcRful
BOLIN DE ELOPMENT, INC., the General Partner of Chelsea Parc~~tc0
Tuscawilla, Ltd., a Florida limited partnership, who is persona~~y-~
known to me ar wh.... has pL uuuL;~d (~~g
idilRtifi<;'.:ltion and who (did(dJ..~._I}.9t) take an oath pn7behalf of sgd
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Notary "bli /1 l~'
Print llame:, (/,./
My Commis"sion
Commission #:
CLAIRE FLANAGAN
NOTARY PUBLIC; STATE OF FLORIDA AlLAH(
MY COMMISSION EXPIRES MARCH 23 19fY
BONDED THRU ASHTON AGENCY INC' ,
COMMISSIUN NO" CC Oll4474
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Section 1. General. Each wall and fence built as part of F eCJ
original construction of the Residences or Lots upon The Propert1esol
and placed on the dividing line (as shown on the plat(s) of The
Properties) between the Lots thereof and acting as a commonly
shared wall or fence shall constitute a party wall, and each Owner
shall own that portion of the wall and fence which stands on his
own Lot, with a cross easement of support in the other portion. If
a wall or fence separating two (2) Residences or Lots, and
extensions of such wall or fence, shall lie entirely within the
boundaries of one Lot, such wall or fence, together with their
extensions, shall also be a party wall and the Owner of the
adjacent Lot shall have a perpetual easement to maintain the
encroachment, and the encroaching Owner shall have a perpetual
easement for use and enjoyment of the area within such adjacent
Owner's Residence or Lot from the Lot boundary line to the center
of such wall or fence. Easements are reserved in favor of all Lots
over all other Lots and the Common Areas for overhangs or other
encroachments resulting from original construction and
reconstruction.
EXHIBIT "A"
PARTY WALLS: REAR FENCES
Anything to the contrary herein notwithstanding, where
adjacent Residences share only a portion of a wall (e.g., where a
one-story Residence abuts a two-story Residence) only that portion
l of the wall actually shared by both Residences shall be deemed a
party wall. That portion of the wall lying above the one-story
Residence and used exclusively as a wall for the second floor of
the abutting two-story Residence shall not be deemed a party wall,
but shall be maintained and repaired exclusively by the Owner of
the two-story Residence even if lying in whole or in part on the
abutting Lot; provided, however, that the Association shall
maintain the exterior of said wall. Easements are reserved over
the abutting Lot on which the one-story Residence is constructed
and over the roof and other portions of such abutting one-story.
Residence to permit the upper portion of the wall of the two-story
Residence to be maintained and repaired by the Owner of the Lot on
which such two-story Residence is constructed; provided, however,
that the Association shall maintain the exterior of said wall.
Section 2. Sharinq of Repair and Maintenance. The costs of
maintenance of Lot landscaping and Residence exteriors shall be
paid for by the Association through Assessments (either general or
special) imposed in accordance with this Declaration. All other
costs of reasonable repair and maintenance of a party wall shall be
shared equally by the Owners who make use of the wall.
Section 3. Destruction by Fire or Other Casualty. If a party
wall is destroyed or damaged by fire or other casualty, any Owner
who has used the wall may restore same, but shall not construct or
extend same to any greater dimension than that existing prior to
such fire or other casualty, without the prior written consent of
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the adjacent Lot Owner. The extension of a party wall used by only
a two-story Residence abutting a one-story Residence shall ltJi
repaired and/or replaced by the Owner of the two-story Residence a~
his sole cost and expense even if lying in whole or in part on t~
abutting Lot. No part of any addition to the dimensions of sa~j
party wall, or of any extension thereof already built, that may ~
made by any of said Owners, or by those claiming under any of themn
respectively, shall be placed upon the Lot of the other Ownerfl
without the written consent of the latter first obtained, except i~
the case of the wall of a two-story Residence. If the other Owne~
thereafter makes use of the party wall, he shall contribute to the
cost of restoration thereof in proportion to such use, without
prejudice, however, to the right of any such Owner to call for a
larger contribution from the other under any rule of law regarding
liability for negligent or willful acts or omissions.
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Section 4. Weatherproofing. Notwithstanding any other
provision of this Article, any Owner who, by his negligent or
willful act, causes that part of the party wall not previously
exposed to be exposed to the elements shall bear the whole cost of
furnishing the necessary protection against such elements.
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Section 5. Right to Contribution Runs with Land. The right of
any Owner to contribution from any other Owner under this Article
shall be appurtenant to the land and shall pass to such Owners'
successors in title. Upon conveyance or other transfer of title,
the liability of the prior Owner shall cease.
Section 6. Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this Exhibit,
each party shall choose one arbiter, and such arbiters shall choose
one additional arbiter, and the decision of a majority of all the
arbiters shall be final and conclusive of the question involved.
If a panel cannot be designated pursuant hereto, the' matter shall
be arbitrated pursuant to the rules of the American Arbitration
Association, or its successors in function, then obtaining. Any
decision made pursuant to this Section shall be conclusive and may
be entered in any court of competent jurisdiction in accordance
with the Florida Arbitration Code.
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Rat"rn to; (enClose self..ddressed slamped .nv.loptl)
Name: MARYANNE MORSE
!:LERI~ OF Glf<: T COl!
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QUITCLAIM ~!MltWlE COUNTY. FL.
RECORDED ~."'. VERI' l
RAMCO FORM NO.8
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Address: 2(01 ( TetitvDJtJ6li or S k 2D7
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Property Appral.... Parcelld.ntl~catlon (Falla Numb.r(s)); .~
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County By:~_D.C.
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~~i5 Q&uH <1Ibrim ~eeb, Executed the 15th day of March ,19 94 ,by
Chelsea Parc at Tuscawilla, L'ID.
2611 Technology Drive, Suite 207, Orlando,Fla. 32004
first party, to Cbelsea Parc at Tuscawilla,L'ID.
whose post office address is 2611 'fechnology Drive, Suite 207, Orland, Fla. 32804
second party.
(Wherever used herein the terms "lIrst party" and ....cond party" Includ. .. the partie. to thl. Instrument and the heln. ",al repre.entatlve..
and aulan. of individuals. and she successors and anlan, of corporation,. wherever the context '0 a.dmk, or requires.)
~itm55tt1y, That the first party, for and in consideration of the sum of $ , in
hand paid by the said second party, the receipt whereofis hereby acknowledged, does hereby remise, release, and quit-
claim unto the second party forever. all the right, title, interest. claim and demand which the said first party has in and to
the following described lot, piece or parcel of 1 and. situate, lying and being in the County of Seminole
, State of Fl . d ' to-wit:
orl a
Adding+~ot 43 and the southerly 2.0 feet of lot 42 as measured
perpendicular to the cornmon lot line thereof, less th~ southerly 2.0 feet
of lot 43 as measured perpendicular to the cornmon lot line of lots 43 and 44,
Chelsea Parc.at Tuscawilla, phaseII, According to hte plat thereof,
as recorded In plat book46, pages 64&65, public records of Seminole county, FLA.
'(lIlT ~&t nub to ~lli, The same together with all and singular the appurtenances thereunto belonging or in
anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party,
either in law or equity, to the only proper use, benefit and behoof of the said second party forever.
~n ~itm55 ~trtlTf, the said first party has signed and sealed these presents the day and year
written.
resence of
Grantor SignatW'e
TEbt)t I . I ~{ (P ers IA-e:n-bJ(2-EN e. f\ JDA-~I-rc:
Prioted NlUIICl
QG ll''-.If:C hnolclj ,tI21<Slll-k.JcJ7
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Witness Signature (asia flJSt Grantor)
bM lh.
Prioted Name
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Witness Signature (as to Co-Gl1lOlor, ifany)
Co-Gr.m!oI' Sign3.tu!~ (irany)
Printed Name
Printed Name
Witness Signature (as to Co-Gl1lOtor, if any)
PosI Office Addres.
rJ\R i 5 1994
Printed Name
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)
I hereby Certify that on this day, before me, an officer duly authorized
to administer oaths and take acknowledgments, personally appeared
,
known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that )('
executed the same, and an oath was not taken. (Check one:) ~ person(s) is/are personally known to me. 0 Said person(s) provided the following
type of identification:
..1....."'1
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NOTARY, ~\J1l85R S.T~MP se....L
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tLAIREPLA~ . ',\
iNOTARY ~UBUC; 5r~Te OF ~O~IDA AI It
::rN~~~~~b:~~~:~~~1tc1t~g3 1ft)
h~MMISSION'NO.;;t'~4474 I
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Printed Notary Signatwe
the County and State last aforesa~his
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QUIT-CLAIM DEED
. MARY" ~t~E HORSE
~;LERK 0 'RCU1T COl.';
RAMeo FORM 8
SEMINOLE CC . fV, fl
RECORDED ,L VERIFIED
94 HAR I 5 PM 2: 04
548809
Ihis @uit-tlaim lletd, Executed this 11 th day of February , A. D. 1994 ,hy
Chelsea Parc at Tuscawilla, LTD
..l~// .T"~~~""~7 .::?...-z.. "s"c,.~ .>\o~ C7~~ r-c. 3.,:)..?oy
first party, to Chelsea Parc at Tuscawilla, LTD
~~// /==-c/-i',-vt:7&. C?c;..,7 ..?...., . J (./,~ ~...... c:...-.-vo,Oo ~. :S ":+~"7
whose postoffice address is
second party:
(Wherever used herein the terms Hfirst party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of co!"porations, wherever the context
so admits or requires.)
lltlfitnesseth, That the said first party, for and in consideration of the sum of $
in hand paid hy the said second party, the receipt whereof is herehy acknowledged, does herehy remise, re-
lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following descrihed lot, piece or parcel of land, situate, lying and heing
in the County of Seminole State of Florida , to-wit:
Adding to Lot 44 the Southernly 2.0 feet of Lot 43, as measured perpen-
dicular to the common Lot line thereof; Chelsea Parc at Tuscawilla, Phase
II according to the Plat thereof, as recorded in Plat Book 46, Pages 64&65,
Public Records of Seminole County, Florida.
Documentary Tax Pd. $
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CERTIFIED COpy
MARY ANNE MORSE
CLERK OF CIRCUIT COURT
INGLE COUNTY, F . I I
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DEPUTV cU:f1AR
To )taut and to Jlold the same together with all and singular the appurtenances thereunto
belonging or ih anywise appertaining, and all the estate, right, title, interest, lien, equity and claim wltat-
soever of the said first party, either in law or equity, to the only proper use, henefit and hehoof of the said
second party forever.
In lltlfitntss Uhereof, The said first party has signed and sealed these presents the day and year
first ahove written.
Signed, sealed and deliv red in p esence of:
9-/lvi,-u~ / 0 ~
m" .. .. . ....~...~..m.........h......h..
Rob'V) 12. Sne.lI
STATE OF FLORIDA, . }
COUNTY OF ()rO..n") .-C.
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I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
'Ieci \:so); y',
to me known to be the person described in and who execu ted the foregoing instrument and
before me, that
acknowledged
day of
A. D. 199V .
.. .. . . .................1\................................................
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This 1m/rumen/ prepared by: c-:P 7~.
Address :l..G// ~~c-o~.Y P,-
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LAIRE FLANAG
MY COMMISS;Q~w,r~gMFl.ORIDA AT LAHGr
fjONDED TttRtfA~m- ARCH 23, 1995
COMMISg'rO~ NO~ \ q~~GENCY INC
,\ " "GG084474
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Name;
,"';'~";6mO .tamped .'f11fftY ANNE HORSE
CLEm, OF CIRC!IIT COl'
'/ Add,ess; 5 4 8 8 u 8 ~
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~dress: )~II Te~f{)loSLf~br,sk 267 ~
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Pr rly Appraise.. Parcelldenllflcallon (Folio Number(s)); .~
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QUITc~KWOLE COUNTY. FL.
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SPACE ABOVE THIS LINE FOR RECORDING DATA
/au,tS ~uH QIlmm J9.e.eb, Executed the 15th. day of March .19 94 . by
Chelsea Parc At Tuscawilla,LTD.
fi 2611 Technology Drive, Suite 207 Orlando Fl 32804
~tpar~.ro Chelsea Parc At Tuscawilla LTD .
whose post office address is ' .
2611 Technology Drive,Suite 207, Orlando Fla. 32804
second par~.
(Where...r u.ed herein the ter"" "fint party" .nd ".econd party" Include" the partie. to thl. Innrument and the heirs. Ie,ol repre.enlat""'..
and aullns of individuals, and ~he succeuorl and aul,n. of corporlt~nl. wherever the context so admk. or requires.)
~ll!Htn.e55ttlt, That the first party. for and in consideration of the sum of $ . in
hand paid by the said second party. the receipt whereofis hereby acknowledged. does hereby remise. release. and quit-
claim unto the second pa~ forever. aI/ the right. title. interest. claim and demand which the said first party has in and to
thefol/owing described lot. piece or parcel of land. situate. lying and being in the County of Seminole
. State of Florida . to-wit:
Adding~ot 42 and the southerly 2.0 feet of the tract A, as measured
perpendicular to the common lot line thereof. Less the southerly 2.0 feet of
lot 42 as measured perpendicular to the common lot line of lots 42&43,
Chelsea Parc at Tuscawilla, phaseII, according to the plat thereof,
As recorded in plat book46, pages 64 & 65, public records of smninole county, Fl.
'dru ~frt nub to- ~lli, The same together with all and singular the appurtenances thereunto belonging or in
anywise appertaining. and aI/ the estate. right. title. interest. lien. equi~ and claim whatsoever of the said first party.
either in law or equity. to the only proper use. benefit and behoof of the said second party forever.
JJn ~ll!IHn.e55 ~trtuf, the said first party has signed and sealed these presents the day and l'!!!!r first above
written.
Signed. sealed and delivered in the presence of
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Witness Signature (as to r...t Grantor) __
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W itnes. Signature (as to fll.t Grantor)
.......
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Printed Name
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WilDess Signature (u to Co-Grantor, ifany)
Printed Name
Witness Signature (as to Co.-Grantor. if any)
Printed Name
Printed Name
bOL', N (p~~S I{~V\ .
GEIIH.:'AL p,.herXJt.
'd.1a\\ \eC~ \ \ J
Post omce Addres. '.
cy h0.CJQ '+L :Sd-B::Y
Co-Gr.mtor Signature (if any)
Prinled Name
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Post Omce Addres.
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I hereby Certify that on this day, before me, an officer duly authorized
to administer oaths and take acknowledgments, personally appeared
known to me to be the person . described in and who executed the foregoing instrument, who acknowledged before me that ~
executed the same, and an oath was not taken. (Check one:) ~Said person(s) is/are personally known to me. 0 Said person(s) provide the following
type of identification:
. . ~ ' ...~ .......
NOTAIl.M~8sElf$rAt1;' ~.L
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:CLAIRE fl.AN~~AN.. \..' \
fNOTARYlPUBtIb; Srm..oF FLOBIDA AT LARGl:
i MY COMMISiIIONJXP(RES MAR..CH 23, 1995
t80NOE.OJrJ'f~~~HT~ AGENCY INC.
'fOMMISStd"NltJdJ;C'OO4474 ..
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SECOND AMENDMENT TO AND ~UPPLll:MENT]u'
DECLARATION OF CONDIT~C?~!h_;;CO'V'ENAN'TS, EASEMENTS
AND RESTRICTIONS FOR ealtSEA PARC AT TUSCAWILLA
THIS SECOND AMENDMENT TO AND SUPPLEMENTAL DECLARATION OF
CONDITIONS, COVENANTS, EASEMENTS AND RESTRICTIONS FOR CHELSEA PARC AT
TUSCAWILLA (the "Amendment") is made this ~.._ day of O<::.'~~.
1995, by CHELSEA PARC AT TUSCAWILLA, LTD., a Florida limited
partnership (the "Developer").
WIT N E SSE T H :
WHEREAS, the Developer has previously executed a Declaration of
Conditions, Covenants, Easements and Restrictions for Chelsea Parc at ~
Tuscawilla as recorded in Official Records Book 2567, Page 1280, ~
Public Records of Seminole County, Florida, as amended by that certain~
First Amendment to the Declaration of Conditions, Covenants, Easements0~
and Restrictions for Chelsea Parc at Tuscawilla, Ltd., recorded in
Official Records Book 2636, Page 573, Public Records of Seminole ~~
County, Florida (as amended, the "Declaration");
WHEREAS, Article IX, Section 5 of the Declaration provides that
the Developer, for so long as it holds title to any Lot affected by
the Declaration, may amend the Declaration upon the execution and
recordation of an instrument executed by the Developer alone;
WHEREAS, the Developer holds title to approximately sixty-five
percent (65%) of the Lots affected by the Declaration;
WHEREAS, the Developer has obtained prior approval to this
Amendment from the City of Winter Springs, Florida, in accordance
Article XIV of the Declaration;
WHEREAS, the Developer has obtained prior approval to this
Amendment from FHA/VA, in accordance with Article XV of the Articles
of Incorporation of the Chelsea Parc at Tuscawilla Homeowners
Association, Inc.; and
WHEREAS, Developer desires to amend, supplement and further
define certain matters in the Declaration.
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NOW, THEREFORE, the Developer hereby causes this Amendment to be
executed on its behalf and hereby amends and supplements the
Declaration as follows:
1. Article I - Definitions is hereby amended by adding
Paragraph (q) as follows:
(q) "Surface Water or Stormwater Management
System" means a system which is designed and
constructed or implemented to control discharges
which are necessitated by rainfall events,
incorporating methods to collect, convey, store,
absorb, inhibit, treat, use or reuse water to
prevent or reduce flooding, overdrainage,
environmental degradation and water pollution or
otherwise effect the quantity and quality of
discharges.
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2. Article II - Property Sublect to this Declaration; Additions
Thereto. In accordance with Article II, Section 2 of the Declaration,
the Developer hereby adds the additional property (the "Additional
Property") owned by the Developer and described in Exhibit "A"
attached hereto and incorporated herein by reference to the Properties
which are the subject of the Declaration and governed by the
Association. The Additional Property is to be platted as Fox Glen at
Chelsea Parc, Tuscawilla.
3. Article IV - Property Riqhts in the Common Areas; Other
Easements is hereby amended by adding Section 10 as follows:
Section 10. Maintenance of Wall & Landscape
Easement. The Association shall at all times
maintain in good repair and manage, operate and
insure, and shall replace as often as necessary,
that certain five (5) feet Wall & Landscape
Easement along the rear property line of Lots 109
through 119, Fox Glenn at Chelsea Pare,
Tuscawilla, as set forth in the plat of Fox Glenn
at Chelsea Parc, Tuscawilla, together with all
improvements thereto, if any. The Association
shall maintain the foregoing easement in
accordance with the terms and provisions of
Article IV, Section 3 of the Declaration.
4. Article IV - Property Riqhts in the Common Areas; Other
Easements is hereby amended by adding Section 11 as follows:
Section 11. Maintenance of Surface Water or
Stormwater Manaqement System. The Association
shall be responsible for the maintenance,
operation and repair of the Surface Water or
Stormwater Management System. Maintenance of the
Surface Water or Stormwater Management System
2
shall mean the exercise of practices which allow
the system to provide drainage, water storage,
conveyance or other surface water or stormwater
management capabilities as permitted by the St.
Johns River Water Management District. Any
repair or reconstruction of the Surface Water or
Stormwater Management System shall be as
permitted or, if modified, as approved by the St.
Johns River Water Management District and the
City of Winter Springs, Florida.
5. Article IV - Property Riqhts in the Common Areas; Other
Easements is hereby amended by adding Section 12 as follows:
Section 12. Easement for Access and Drainaqe.
The Association shall have a perpetual non-
exclusive easement over all areas of the Surface
Water or Stormwater Management System for access
to operate, maintain or repair the system. By
this easement, the Association shall have the
right to enter upon any portion of any lot which
is a part of the Surface Water or Stormwater
Management System, at a reasonable time and in a
reasonable manner, to operate, maintain or repair
the Surface Water or Stormwater Management System
as required by the St. Johns River Water
Management District permit. Additionally, the
Association shall have a perpetual non-exclusive
easement for drainage over the entire Surface
Water or Stormwater Management System. No person
shall alter the drainage flow of the Surface
Water or Stormwater Management System, including
buffer areas or swales, without the prior written
approval of the St. Johns River Water Management
District and the City of Winter Springs, Florida.
6. Article V - Association - Covenant for Maintenance
Assessments is hereby amended by adding at the end of Section 2,
Purpose of Assessments, the following:
Assessments shall also be used for the
maintenance and repair of the Surface Water or
Stormwater Management Systems including, but not
limited to, work within retention areas, drainage
structures and drainage easements.
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7. Article IX - General Provisions is hereby amended by adding
at the end of Section 3, Enforcement, the following:
Any other provisions of this Declaration to the
contrary notwithstanding, the St. Johns River
Water Management District and the City of Winter
Springs, Florida, shall have the right to
3
enforce, by a proceeding at law or in equity, the
provisions contained in this Declaration which
relate to the maintenance, operation and repair
of the Surface Water or Stormwater Management
System.
8. Article IX - General provisions is hereby amended by
Section 13 as follows:
Section 13. Approval of the St. Johns River
Water Manaqement District and the City of Winter
Sprinqs, Florida. Any amendment to this
Declaration which alters any provision relating
to the Surface Water or Stormwater Management
System, beyond maintenance in its original
condition, including the water management portion ~
of the Common Areas, must have the prior approval
of the St. Johns River Water Management District
and the City of Winter Springs, Florida.
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9. Reaffirmation; Defined Terms. Except as amended and
supplemented herein, the Declaration remains in full force and effect.
All defined terms not specifically defined herein shall have the same
meanings as set forth in the Declaration.
Executed as of the date first above written.
WITNESSES:
CHELSEA PARC AT TUSCAWILLA, LTD.,
a Florida limited partnership
By:
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Title: President
Address: 1500 Braewick Street
Winter Sprinqs, FL 32708
STATE OF FLORIDA
COUNTY OF, ..,..~\: . 'C'.' . ':'..
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The foregoing instrument was acknowledged before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgments, this;;, '-1 ~. day of~~~.....l."'lO"-"'-,,' , 1995 by THEODORE
4
A. BOLIN, as President of BOLIN
corporation, as general partner
Florida limited partnership, on
who: ...._____
~ is personally known to me; or
[ ] who has produced
identification; and who:
[ ] did or [ ] did not, take an oath.
My Commission
Expires:
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(Seal)
DEVELOPMENT, INC., a Florida
of CHELSEA PARC AT TUSCAW I LLA, LTD., a
behalf of said limited partnership
as
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NOTARY PUBLIC
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DEBRA A CONRAD _'--'.', ::., \. ~,-"', ' .A'---~
My Col'l'lmission CC370eEr i n t Name)
Expir.... May. 08,1998
Bonded by HAl
800-422-1555
(Serial Number, if any)
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EXHIBIT A
Legal Description
Fox Glen at Chelsea Pare, Tuscawilla
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EXHIBIT "A"
Begin at the intersection of the Southerly right-of-way line of Winter Springs
Boulevard and the Easterly right-of-way line of Greenbriar Lane as shown on
the Plat of Chelsea Parc at Tuscawilla Phase I, recorded in Plat Book 45,
Pages 82 and 83, Public Records of Seminole County, Florida; thence from a
chord bearing S 74033'23"E run Southeasterly along said Southerly right-of-way
line and a curve concave Northeasterly, having a radius of 6431.67 feet, an
arc distance of 140.01 feet and through a central angle of 01014'50" to a
point of tangency; thence S75010'48"E along said Southerly right-of-way line,
a distance of 730.05 feet; thence S14049'12"W a distance of 650.00 feet;
thence S28036'59"W a distance of 602.11 feet; thence N34011'57"W a distance of
250.58 feet; thence N52019'24"W a distance of 749.53 feet to a point on a
curve concave Northwesterly, having a radius of 1935.05 feet, from a chord
bearing N27000'20"E, run thence Northeasterly along the arc of said curve,
through a central angle of 21020'32", a distance of 720.79 feet; thence
N16020'04"E a distance of 80.34 feet to the Point of Beginning.
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Commence at the intersection of the Southerly right-of-way line of Wlnterrrt
Springs Boulevard and the Westerly right-of-way line of Greenbriar Lane a~
shown on the Plat of Chelsea Parc at Tuscawilla Phase II, recorded in Pla~ CJ
Book 46, Pages 64 and 65, Public Records of Seminole County, Florida, th~e--
S16020'04"W along said Westerly line, a distance of 80.34 feet to a poin~fN
curvature of a curve concave Northwesterly, having a radius of 1875.05 feet,en
run thence Southwesterly along the arc of said curve and said Westerly line,
through a central angle of 10050'25", a distance of 354.76 feet for a Point of
Beginning; continue thence Southwesterly along the arc of said curve and said
Westerly line, through a central angle of 10030'06", a distance of 343.68
feet; thence N16048'35"E a distance of 39.04 feet to a point of curvature of a
curve concave Southwesterly, having a radius of 57.51 feet, run thence
Northwesterly along the arc of said curve, through a central angle of
82000'21", a distance of 82.31 feet to a point of tangency; thence N65011'45"W
a distance of 389.00 feet to a point of curvature of a curve concave
Northeasterly, having a radius of 55.84 feet, run thence Northwesterly along
the arc of said curve, through a central angle of 64009'40", a distance of
62.53 feet to a point of tangency; thence N01002'05"W a distance of 114.88
feet; thence N22025'15"E a distance of 128.24 feet; thence S63013'21"E a
distance of 219.80 feet; thence S64040'38"E a distance of 382.90 feet to the
Point of Beginning.
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LESS: Blocks A, B, C, H, I, L, M, 0 and P, Braewick at Tuscawilla Phase I, as
recorded in Plat Book 37, Pages 53 and 54, Public Records of Seminole County,
Florida; and Lots 1 through 22, inclusive, Chelsea Parc at Tuscawilla Phase I,
as recorded in Plat Book 45, Pages 82 and 83, Public Records of Seminole
County, Florida.
ALSO LESS: Begin at the Southwest corner of Lot 22, Chelsea Parc at
Tuscawilla Phase I, according to the Plat thereof as recorded in Plat Book 45,
Pages 82 and 83, Public Records of Seminole County, Florida; run thence
N41043'07"E along the Westerly line of said Lot 22, a distance of 73.39 feet;
thence N32050'31"E along said Westerly line a distance of 39.92 feet to the
Northwest corner of said Lot 22; thence S38015'37"W a distance of 113.00 feet
to the Point of Beginning.
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