HomeMy WebLinkAboutCountry Club Village at Tuscawilla 2nd Amendment
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SECOND AMENDMENT TO NOTICE OF RESTRICTIONS
AND AGREEMENT OF MAINTENANCE
REGARDING COUNTRY CLUB VILLAGE AT TUSCAWILLA
I. IDENTIFICATION AND PARTIES:
This instrument is the Second Amendment to the "Notice
of Restrictions and Agreement of Maintenance" Regarding Country Club
Village la!- _Tp~awilla described below and is made this 9-th day
of G2~~~/ , 1981, by EVANS ACQUISITIONS, INC., a Florida
corporation ("Developer").
II. LANDS AFFECTED:
The lands affected by this instrument are called the
"Annexed Lands" and are legally described as:
COUNTRY CLUB VILLAGE UNIT THREE, as recorded in Plat Book
.:2..6 , pages.J3-.J~, Public Records of Seminole County,
Florida.
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III. BACKGROUND:
W.T.G. ENTERPRISES, INC., a Florida corporation formerly
known as COUNTRY CLUB VILLAGE BUILDERS, INC. (hereinafter referred to
as WTG), has assigned to Developer all its rights, title and interest
in the Annexed Lands, including options to purchase the Annexed Lands.
WTG has recorded in the public records of Seminole County,
Florida, at Official Records Book 1230, page 632, ,the "Notice of Restric-
~ tions and Agreement of Maintenance" Regarding Country Club village at
_"' ~ Tuscawilla (the "Notice of Restrictions "), as amended by the "First
~!~ 1'( Amendment to Notice of Restrictions and Agreement of Maintenance" record-
~ ~ ed in the Public Records of Seminole County, Florida, at Official Records
/1 ~ } Book 1270, page 1941. The phrase "Notice of Restrictions" refers to
".1t ~ 1 said Notice as from time to time amended.
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,~ j'~ The purpose of the Notice of Restrictions
'i.\)~'a common plan of development upon, protect the value and
. t ~ of, and enhance the marketability of the lands described
;'. ~ ~ residential community known as "Country Club Village".
;:~'~.! Section 32, of the Notice of Restrictions permits
':. ., '1- if'Developer to extend its provisions to additional lands by the annexation
'. procedure there described. Developer now wishes to so extend the opera-
tion of the Notice of Restrictions to the Annexed Lands, which are
beneficially owned by Developer.
is to impose
desirability
therein as a
IV. ANNEXATION:
Developer hereby amends Exhibit "A" to the Notice of
Restrictions by adding the Annexed Lands. Developer also hereby
covenants for itself, its successors and/or assigns, that it will
convey in fee simple title to the association as described in the
Notice of Restrictions, all properties designated "community property
(not public)" as delineated on the plat of the annexed lands and
further declares that said land shall constitute a portion of the
t1properties" as defined in Section 1 (b) of the Notice of Restrictions.
Developer intends this instrument to have the same
force and effect as if it initially had been incorporated into, and
constituted a portion of, the Notice of Restrictions.
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THIS INSTRUNENT PREPARED BY:
PAUL ROSENTHAL
Van Den Berg, Gay & Burke, Attorneys
16 South Nagno lia Avenue
Orlando, Florida 32801
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and expenditures of any funds arising out of any assessments
by First Federal of Seminole, prior to any expenditure under said
budget and prior to presentation to the membership at its regular
annual meeting as provided in Article XI, Section 8 (d).
This article of the bylaws shall not be amended or rescinded
without the written consent of First Federal of Seminole, and shall
remain in full force and effect so long as any property in Country
Club Village at Tuscawilla is pledged as security for any mortgage
to First Federal of Seminole.
ARTICLE XV
CORPORATE SEAL: The Association shall have a seal in
circular form having within its circumference the words: COUNTRY
CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., (not for
profit) .
ARTICLE XVI
AMENDMENTS:
Section 1. These Bylaws may be amended at a regular or
special meeting of the members by a vote of a majority of a quorum
of members present in person or by proxy.
Section 2. In the case of any conflict between the
Articles of Incorporation and these Bylaws, the Articles shall
control; and in the case of any conflict between the Restrictions
and these Bylaws, the Restrictions shall control.
ARTICLE XVII
*MISCELLANEOUS: The fiscal year of the Association shall
begin on the first day of January and end on the 31st day of December
of every year, except.that the first fiscal year shall begin on the
date of incorporation.
IN WITNESS WHEREOF, we, being all of the directors of
COUNTRY CLUB VILLAGE AT TUSCAWILLA HOMEOWNERS ASSOCIA~ION, INC.,
have hereunto set our hands this f) ,.i~ day of , f\~ . \... '
1979.u
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Developer further intends that all of the Annexed
Lands be held, sold, and conveyed subject to the easements,
conditions, covenants, restrictions, and other provisions contained
in the Notice of Restrictions, which Developer acknowledges are
for the purpose of protecting the value and desirability of, and
which run with, the Annexed Lands and are binding upon all parties
having any right, title, or interest therein, or any portion thereof,
their respective heirs, successors, and assigns, and which inure to
the benefit of the Association and each Owner, as such terms are
defined in the Notice of Restrictions.
V. OPERATION:
Thi~ instrument will take effect upon its recordation
in the Public,Records of Seminole County, Florida. From and after
such date, Developer intends that all references to the "Second Amend-
ment to Notice of Restrictions and Agreement of Maintenance" Regarding
Country Club Village at Tuscawilla now or hereafter made in any other
instruments of public record in Seminole County, Florida, or in the
Articles of Incorporation, By-Laws, and other corporate documents of
the Association, refer to the Notice of Restrictions, as amended by
this instrument, unless expressly provided otherwise. Except as amend-
ed by this instrument and by the First Amendment to the Notice of
Restrictions, the Notice of Restrictions remains in force and effect
according to its original terms and conditions.
IN WITNESS WHEREOF, Developer has executed this instrument
the date stated above.
Signature
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Witnessed By:
INC.
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By:
NS.JJt!D
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(CORPORATE SEAL) ~ '"",,'C.. ":.
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a Florida ._~o~tir'ai:i6.n.:'
to these Restrictions
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Attest:
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CONSENT OF FEE OWNER
WINTER SPRINGS DEVELOPMENT CORPORATION,
the fee owner of the Anne~ed Lands,he~eby consents
on the Annexed Lands.
Signature Witnessed By:
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WINTER SPRINGS DEVELO~~# j ;....
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Attest:
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Secretary
(CORPORATE SEAL)
OFflCI..L QECOROS
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I 332
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STATE OF FLORIDA
COUNTY OF
S::H:NOLE CO. FL.
The foregoing instrument was acknowledged before me this ~T#
day of Ill',e/L ,1981, by tlA,e,ey A.00EH-elN6 andc..HET C,
THo m L I IV , the respective President and
Secretary of W.T.G. ENTERPRISES, INC., formerly
known as COUNTRY CLUB VILLAGE BUILDERS, INC., a Florida corporation, on
behalf of the corporation.
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WITNESS my hand and official seat at O.e..LA tV 00
County, State of Florida this YTH day of At'K-IL
, oR.AtJ(J13
1981.
(NOTARIAL SEAL)
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Notary Public .~'-" \.~..,o:: 0..,'
My commissionr:~~~~~~~ ".,
t~e~'lr'l ~:lJ:.lj.,;'St,l~ .01 r:cmla arl!lf.'Je. ' .;
My C'Jmmi;sioij ~l;res ~t. 17, 1984 : _
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DfF!CIAL RECOROS
P.\GE
I 332
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ACKNOWLEDGEMENT OF ASSIGNMENT
SEt'liNGLE CO, FL.
W.T.G. ENTERPRISES, INC., a Florida corporation formerly
known as COUNTRY CLUB VILLAGE BUILDERS, INC., hereby acknowledges
that it has assigned and set over to EVANS ACQUISITIONS, INC., all
its rights, title and interest in the Annexed Lands, including options
to purchase the Annexed Lands.
Signature Witnessed By:
W.T.G. ENTERPRISES, INC.
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By: fi/~~.7
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Attest:
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STATE OF FLORIDA
COUNTY OF
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(CORPORATE~~' )-;q"; ~": :1:
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The foregoing instrument was acknowledged before me this q~
d~ of '(JdMt.J , 1981, by C I(,hl L-V~ and ~7 ~ .
1'lI~ ' the respective President and
Secretary of EVANS ACQUISITIONS, INC., a Florida
corporation, on behalf of the corporation.
(NOTARIAL SEAL)
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Ai t1... I 1981. ...........
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Notary Publl.c {I--.;' I If//) '.. ';;.~
My commiss ion em>::l'~es: <Y ::
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WITNESS my hand and official seat
County, State of Florida this l1~ day of
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STATE OF FLORIDA
COUNTY OF
day of
The foregoing instrument was acknowledged before me this 9th
Apri 1 , 1981, by Roy T. Dye and
A.Eo tHan ,the respective President and
Secretary of WINTER SPRINGS DEVELOPMENT CORPORATION,
corporation, on behalf of the corporation.
a Florida
WITNESS my hand and official seat at Longwood
County, State of Florida this 9th day of Apri 1
, Spminolp
, 1981.
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Notary Puhlic, State Of Florid:! At !.'}rI~e
My Commission Expires i\prU, G, : ::3:-!
8C!l.:j~d Dy LaWf':':(3 Surety ....or~
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S~A-:'"E CC" C"LCR1:lA
T'-fC: CAO:TCL
TALLAHASSEE 32304
/9C41 488- B4'72
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5H'RFT~"V OF STATE
July 2, 1979
Robert L. Taylor, Esquire
Post Office Box 2193
Orlando, Florida 32802
Dear Mr. Taylor:
Articles of Incorporation for COUNTRY CLUB VILLAGE AT
TUSCAWILLA HOMEOWNERS ASSOCIATION, INC., a corporation
not for profit, were filed on June 29, 1979, and assigned Charter
Number 747882. Your check for $38.00 has been deposited.
~~
Enclosed is a certified copy of the articles.
If you desire further information please telephone (904)488-9020,
the Domestic Charter Section, Mrs. Mary Kacur, Supervisor.
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Sincerely,
d AJ~!~
D. W. McKinnon, Director
Division of Corporations
DWM/bc
"FLORIDA - STATE OF THE ARTS"
~~~~llWOC~
FEB 12 1980
CITY of WINTER SPRINGS
. 'CITY MANAGER
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iepnrtment Df ~tnte
I certify that the attached is a true and correct copy of the Articles
of Incorporation of COUNTRY CLUB VILLAGE ,AT TUSCAWILLA
HOMEOWNERS ASSOCIATION,
INC., a corporation not for profit
organized under the Laws
of the State of Florida,
filed on
June 29, 1979, as shown by the records of this office.
The charter number for this corporation is 747882.
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CER 101
12.78