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3 7 I 3 0 It 1993 JMJ 11 HI?: 33
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GEORGETOWNE, UNIT II
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KNOW ALL MEN BY THESE PRESENTS, That this Supplemental Declaration :6f
Covenants, Conditions and Restrictions ("Supplemental Declaration"), made by and entered
into this 411-( day of DE, LEO: IV\\->-E. Q, 19 9'2.., by GEORGE WIMPEY OF FLORIDA,
INC., a Florida corporation, hereinafter referred to as Declarant,
WITNESSETH, That
WHEREAS, Declarant is the owner of the following described property:
All of GEORGETOWNE, UNIT II, according to the Plat thereof as recorded in Plat
Book 4-<'.0, Pages 1'L through I 5' , inclusive, Public Records of Seminole County,
Florida (hereinafter referred to as "GEORGETOWNE, UNIT II"); and
WHEREAS, pursuant to Article VII of that certain Declaration of Covenants,
Conditions and Restrictions dated March 18, 1987, and recorded in O. R. Book 1830, Page
1485, Public Records of Seminole County, Florida, and re-recorded in O. R. Book 1845,
Page 1723, Public Records of Seminole County, Florida, as amended by First Amendment
to Declaration of Covenants, Conditions and Restrictions, dated September 29, 1987, and
recorded in O. R. Book 1891, Page 236, Public Records of Seminole County, Florida, and
as amended by Second Amendment to Declaration of Covenants, Conditions and
Restrictions, dated February 28, 1989, and recorded in O. R. Book 2049, Page 277, Public
Records of Seminole County, Florida (hereinafter collectively referred to as the "Original
Declaration"), Declarant agrees to annex GEORGETOWNE, UNIT II, to the property
described in the Original Declaration; and
WHEREAS, the annexation of GEORGETOWNE, UNIT II, will expand the scheme
of the covenants and conditions of the Original Declaration to include GEORGETOWNE,
UNIT II; and
WHEREAS, the Owners of lots in GEORGETOWNE, UNIT II, shall be entitled to
the use and enjoyment of all Common Areas defined in the Original Declaration and any
additions thereto and shall be required to pay their proportionate share of assessments for
the privilege of such use; and,
WHEREAS, this Supplemental Declaration may contain complementary additions
and modifications of the covenants and conditions contained in the Original Declaration;
provided, however, that nothing in this Supplemental Declaration shall be construed to limit,
diminish or revoke the rights of the Owners under the Original Declaration; and
WHEREAS, GEORGETOWNE, UNIT II, shall become subject to the jurisdiction
of GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. and each Owner of a lot
in GEORGETOWNE, UNIT II, shall become a member of said Association in the same
manner and under the same conditions as set forth in the Original Declaration; and
NOW, THEREFORE, Declarant agrees that:
1. GEORGETOWNE, UNIT II, is hereby added to the property described in the
Original Declaration.
2. Articles I through X, inclusive, of the Original Declaration are hereby
incorporated in and made a part of this Supplemental Declaration as fully as if set out in
their entirety herein.
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3. GEORGETOWNE, UNIT II, shall be held, transferred, sold, conveyed and
occupied subject to the covenants, conditions and restrictions as set forth in the Original -.)
Declaration and in this Supplemental Declaration. :': ~,; J
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4. The following regulations, restrictions, easements, covenants and conditip~s I'.)
are hereby imposed upon each and every lot in the said GEORGETOWNE, UNI1f;~I,
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SECfION 1. .Land ~ l\llil Building ~ No lot shall be used except for
residential purposes. No building shall be erected, altered, placed or permitted to remain
on any lot other than one detached, single-family dwelling having a minimum, air-
conditioned living area of 1,200 square feet. None of the dwellings shall exceed thirty-five
(35) feet in height.
ARTICLE I - REGULATIONS
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SECfION 2. Building Location (Setbacks). A front setback line of twenty
(20) feet is required for all lots. A rear setback line of fifteen (15) feet is required, except
that a rear setback of twenty-five (25) feet is required for the following lots: Lots 102
through 105, inclusive; and further, within this twenty-five (25) foot setback no pools, pool
enclosures or other structures shall be allowed within ten (10) feet of said rear lot line or
sides in the cases of corner lots. On all other lots, swimming pools shall not be located
closer than five (5) feet from any side or rear lot line. In the instances where the screened
pool enclosure is constructed in such a manner that the enclosure is attached to the fence
or wall of the contiguous property, then there shall be an easement or license for the
purpose of attaching the screened pool enclosure to the fence or wall.
On any corner lot, except for those specific corner lots delineated herein no screened
pool enclosure shall be allowed within seven and one-half (7-1/2) feet of the side lot lines
and no swimming pool shall be located within eight and one-half (8-1/2) feet from the side
lot line.
Additionally, there shall be a minimum of ten (10) feet between each and every
dwelling.
SECTION 3. Temporary Buildings. Except for construction, sales and
marketing structures, trailers or buildings owned or allowed by Declarant, no tents, trailers,
shacks, tanks, temporary or accessory buildings or structures shall be erected or permitted
to remain on any Lot or Improved Lot without the written consent of the Association.
SECfION 4. Nuisance l\llil Trespassing. Nothing shall be done on any Lot
or Improved Lot which may be or may become an annoyance or nuisance to the
neighborhood. In the event of any questions as to what may be or may become a nuisance,
such question shall be submitted to the Association for a decision in writing, which decision
shall be final. The Board of Directors shall have the authority to have any unauthorized
person arrested or unauthorized vehicle removed from the Declaration Property.
SECTION 5. Signs. Other than Declarant's rights set forth above, no sign of
any kind shall be erected or displayed by an Owner on any of the Lots, Improved Lots or
Common Area or any structure thereon unless the Association has approved in writing the
design, materials, lettering and location of said sign, except one (1) normal real estate sign
not exceeding 216 square inches indicating property is "For Sale" or "For Rent".
SECTION 6. Laundry. There shall be no exterior clotheslines or display of
clothes, sheets, blankets, or other laundry on any Lot except those clotheslines to be used
as a part of, and those displays of laundry displayed on, a clothesline of an umbrella or roll-
up type, which shall be collapsed or rolled up when laundry is not being dried, and which
shall only be placed in the rear yard of an Improved Lot and which cannot be seen from the
street.
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SECTION 7. Weeds.and Refuse. No weeds, underbrush or other unsightly
growths shall be permitted to grow or remain upon any Improved Lot, and no refuse pile
or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon;
and in the event that the Owner shall fail or refuse to keep his Improved Lot free of weeds,
underbrush or refuse piles or other unsightly growths or objects, then after giving the Owner ''!
fifteen (15) days written notice, the Association may enter upon such Improved Lot fa)1~~
remove the same at the expense of the Owner, and such entry shall not be deemed tresp~ss.('0
All garbage or trash containers must be placed in walled-in areas or bins so that they sJiall
not be visible from the adjoining properties. fq
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SECfION 8. Vehicles and Repair. No inoperative automobiles, tn4;kSN
trailers or other types of vehicles shall be allowed to remain either on or adjacent tcGmF
Improved Lot for a period in excess of forty-eight (48) hours. All boats, boat trailers;-
detached campers and other type detached trailers are prohibited, without the specific
approval, in writing, by the ARB. Small recreation vehicles (vans) are allowed if used as
one of a maximum of two vehicles in the family and parked within the Owner's Improved
Lot. Any other permanent licensable vehicle must be specifically approved by the ARB.
Temporary exceptions to this rule may be granted in writing by the ARB or by the Directors
of the Association.
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SECTION 9. Household Pets and Livestock. No animals, livestock or poultry
of any kind shall be raised, bred or kept on any Lot or Improved Lot except that dogs, cats
or other usual household pets may be kept, provided that they are not kept, bred or
maintained for any commercial purpose and provided that they are leashed when off the
Owner's premises.
SECTION 10. Mailboxes. All mailboxes shall be of the same design and
construction. It shall be the duty of each Owner to maintain said mailboxes in their original
condition. Should the mailboxes become damaged beyond repair, then it shall be the duty
and obligation of the Owner thereof to purchase another mailbox from the Association and
to pay for the installation thereof.
SECTION 11. Fences. No fence or wall shall be constructed, erected or
maintained on or around any portion of a Lot that is within the minimum front building
setback line, nor, in any event, any closer to the front line than a line paralleling the front
building wall of the residence dwelling there a dwelling is set back. This prohibition shall
not apply to any subdivision perimeter wall or fence. Within the other portions of the Lot,
no fence or wall shall be erected which is greater than six (6) feet in height. No material
shall be used for any fence or wall other than redwood, or other solid wood, brick or stone.
No chain link nor exposed concrete block (other than decorative or textured block) shall be
used.
In any instance where a fence or wall is constructed along the common boundary line
of any lot, whether it be a rear lot line or a side lot line, there shall be a perpetual
easement for the construction and maintenance of a fence or wall. The owner of each lot
shall have possession of that section of any fence or wall located on said owner's lot and
shall be responsible for the maintenance thereof. Any subdivision perimeter wall or fence
that may be built shall not be removed, altered or damaged in any manner.
SECTION 12. Mechanical Features. All exterior pumps, motors, air
conditioning compressors, storage tanks and other mechanical features shall be screened
from view if visible from the street in front of the house either by a decorative structure 36
inches in height or mature landscaping materials capable of obstructing view from said
streets.
SECTION 13. Swimming Pools. Recreational Structures and Screened Rooms.
Any swimming pool, recreational structure or screened room to be constructed upon any Lot
shall be subject to review by the ARB.
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SECTION 14. Common Area. The Association shall at all times maintain the
Common Area in good condition and repair (including, but not limited to, the pool, the
cabana and the perimeter landscaping, wall or fence). The subdivision perimeter wall or
fence which may be built shall not be removed, altered or damaged in any manner.
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SECTION 15. Garages and Driveways. No open carport may be constru~fbd~~
and all residences must contain a two-car garage. The inside dimensions of the garage sfi~ll N
be a minimum of 18 feet in width and 20 feet in length. Garages shall be maintainec1~as
garages and shall not be converted to other uses with the exception of sales offices for;,the
Declarant or its successors or assigns. All dwellings shall have a paved driveway of conc~te_
construction of at least 16 feet in width at the entrance to the garage. :.." f'0
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SECTION 16. Air-Conditioning System. An air-conditioning system is optional; rv
provided, however, that if this option is exercised, said air-conditioning shall be by a central
system.
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SECTION 17. Building Materials. The front of all residences, and in the case
of corner lots the front and side of the residence facing the street, shall be constructed of
brick, stucco, native stone, wood or other finished materials.
SECfION 18. ..5.Qd.. The front, side and rear yards of all lots in the subdivision
shall be sodded excepting only paved areas, patios, shrubbery and flower beds.
ARTICLE II - EASEMENT AREAS
SECTION 1. Easement fur Encroachments. In the event any portion of any
Lot or improvement thereon encroaches upon another Lot or Improved Lot or Common
Area as a result of the construction, reconstruction, repair, shifting, settlement or moving
of any portion of any improvement on the Lot or Improved Lot or Common Area, a valid
easement for the encroachment and for the maintenance of same shall exist so long as the
encroachment exists and so long as the Board of Directors of the Association determines
that the encroachment was inadvertent.
SECTION 2. General Easements. Easements are hereby reserved by the
Declarant for roadways, utility, landscape, drainage, or perimeter wall purposes in
GEORGETOWNE, UNIT II, as indicated by the recorded Plat thereof. The Declarant
reserves the right to assign any and all easements shown on the recorded Plat, or which are
hereinafter created for installation of utilities, landscape or other uses deemed by Declarant
to be necessary or appropriate for the service of or ingress and egress to and from the Total
Property. The Declarant hereby reserves and grants for itself, its successors and assigns
easements, and the right to grant and create easements, through and across the Declaration
Property for purposes of ingress and egress and to provide installation, maintenance, repair
and replacement of water, sewer and other utility service and stormwater drainage for the
Total Property.
SECTION 3. Easement for Service. A perpetual easement is granted to all
police, fire protection, ambulance, mailmen and deliverymen, and all similar persons to
enter upon the streets, drives and walkways on the Declaration Property in the performance
of their duties.
SECfION 4. Easement Over Common Area. Upon conveyance by Declarant
of title to the first Lot, Declarant shall convey the title to the Common Area to the
A'isociation, free and clear of all liens, eas~ments and encumbrances except those of record
and those reserved and granted herein; provided, however, for so long as Declarant owns
any Lot or Improved Lot, Declarant retains an easement for itself, its assigns, agents,
invitees and licensees to the extent necessary to complete construction of the Declaration
Property, the Additional Property or the Total Property, or any portion thereof, to show and
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Improved Lots as models and sales offices, and to use the Common Area for ingress and
egress and for marketing and sales activities.
ARTICLE III - GENERAL PROVISIONS
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SECTION 1. . Amendment. The Declarant reserves and shall have the solec-)
right (a) to amend this Supplemental Declaration with respect to Lots still owned by it at?
the time of the amendment, but all such amendments shall conform to the general purpose~
and standards of the covenants and restrictions herein contained; (b) to further amend this'
Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency
between the provisions contained herein; ( c) to include in any contract or deed or other
instrument hereafter made additional covenants and restrictions applicable to any Lot which
do not lower the standards of the covenants and restrictions herein contained, and (d) to
release any Lot from any part of the covenants and restrictions which have been violated
(including, without limiting the foregoing, violations of building restriction lines and
provisions hereof relating thereto) if the Declarant or the Association in its judgment,
determines such violation to be a minor or insubstantial violation. This Supplement
Declaration may be amended during the first twenty (20) year period by an instrument
signed by not less than sixty-six and two-thirds percent (66-2/3%) of both classes of
members, and thereafter by an instrument signed by not less than sixty percent (60%) of the
members. Any amendment must have prior approval of the City of Winter Springs, Florida
and must be recorded in the Public Records of Seminole County, Florida.
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The City of Winter Springs is a third party beneficiary with the right to legally
enforce these documents or any part or provisions thereof.
Nothing contained herein permits or authorizes any violations or deviations from the
City Code, City of Winter Springs, Florida.
SECTION 2. Annexation. Additional residential property and common area
may be annexed to the properties with the consent of two-thirds (2/3) of each class of
members. Notwithstanding the foregoing, neither class of members shall have the right to
approve the annexation of the Additional Property as set forth in Article VII of the Original
Declaration, which right shall be vested solely in Declarant.
SECTION 3. FHA/VA Approval. So long as there is a Class B membership,
the following actions will require the prior approval of the Federal Housing Administration
or the Veterans Administration: annexation of additional properties, dedication of common
area, amendment of this Declaration.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused
this document to be executed by its duly authorized officer on the date first written ,above.
Witnesses: ~
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Printed Name
GEORGE WIMPEY OF FLORIDA, INC.,
a Florida corporation
By:.~.~~~~
Richard Bowles, Vice President
Address:
201 N. New York Avenue
Suite 200
Winter Park, Florida 32789
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Printed Name
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STATE Of FLORIDA
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COUNY OF ORANGE
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ft, " . The foregoing instrument was acknowledged before m.e this L/+-Laay of-
~{[,~l , 19.sb, by RICHARD BOWLES as VIce PresIdent of GEORGE
WIMPEY OF FLORIDA, INC., a Florida corporation, on behalf of the corporation. ..He
is personal~ known to me or has produced as
identification-ana,ua-taKe an oath.
Notary Public
Signature: fll..J...ULl;;/ /? LJ~llLJr'~-'-1
Print Name: ~ 1'0!i pI '-I e WI'!I, 'c/~{ S,
State of Florida at Large '
MY COMMISSION EXPIRES: .....
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This Instrument was Prepared by fRetum to:
Dwight 1. Cool, Esq.
Graham, Clark, Pohl & Jones
369 North New York Avenue
Post Office Drawer 1690
Winter Park, Florida 32790
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3 7 I 3 0 It 1993 -lMJ 11 PI.I?: 33
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
GEORGETOWNE, UNIT II
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KNOW ALL MEN BY THESE PRESENTS, That this Supplemental Declaration :6f
Covenants, Conditions and Restrictions ("Supplemental Declaration"), made by and entered
into this ~ day of l)E:c..~N\\->€Q, 19 9~ by GEORGE WIMPEY OF FLORIDA,
INC., a Florida corporation, hereinafter referred to as Declarant,
WITNESSETH, That
WHEREAS, Declarant is the owner of the following described property:
All of GEORGETOWNE, UNIT II, according to the Plat thereof as recorded in Plat
Book ~, Pages \ 'L through 1 5' , inclusive, Public Records of Seminole County,
Florida (hereinafter referred to as "GEORGETOWNE, UNIT II"); and
WHEREAS, pursuant to Article VII of that certain Declaration of Covenants,
Conditions and Restrictions dated March 18, 1987, and recorded in O. R. Book 1830, Page
1485, Public Records of Seminole County, Florida, and re-recorded in O. R. Book 1845,
Page 1723, Public Records of Seminole County, Florida, as amended by First Amendment
to Declaration of Covenants, Conditions and Restrictions, dated September 29, 1987, and
recorded in O. R. Book 1891, Page 236, Public Records of Seminole County, Florida, and
as amended by Second Amendment to Declaration of Covenants, Conditions and
Restrictions, dated February 28, 1989, and recorded in O. R. Book 2049, Page 277, Public
Records of Seminole County, Florida (hereinafter collectively referred to as the "Original
Declaration"), Declarant agrees to annex GEORGETOWNE, UNIT II, to the property
described in the Original Declaration; and
WHEREAS, the annexation of GEORGETOWNE, UNIT II, will expand the scheme
of the covenants and conditions of the Original Declaration to include GEORGETOWNE,
UNIT II; and
WHEREAS, the Owners of lots in GEORGETOWNE, UNIT II, shall be entitled to
the use and enjoyment of all Common Areas defined in the Original Declaration and any
additions thereto and sball be required to pay their proportionate share of assessments for
the privilege of such use; and,
WHEREAS, this Supplemental Declaration may contain complementary additions
and modifications of the covenants and conditions contained in the Original Declaration;
provided, however, that nothing in this Supplemental Declaration shall be construed to limit,
diminish or revoke the rights of the Owners under the Original Declaration; and
WHEREAS, GEORGETOWNE, UNIT II, shall become subject to the jurisdiction
of GEORGETOWNE HOMEOWNERS ASSOCIATION, INC. and each Owner of a lot
in GEORGETOWNE, UNIT II, shall become a member of said Association in the same
manner and under the same conditions as set forth in the Original Declaration; and
NOW, THEREFORE, Declarant agrees that:
1. GEORGETOWNE, UNIT II, is hereby added to the property described in the
Original Declaration.
2. Articles I through X, inclusive, of the Original Declaration are hereby
incorporated in and made a part of this Supplemental Declaration as fully as if set out in
their entirety herein.
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3. GEORGETOWNE, UNIT II, shall be held, transferred, sold, conveyed and
occupied subject to the covenants, conditions and restrictions as set forth in the Original v
Declaration and in this Supplemental Declaration. [.~! ,:.~~
4. The following regulations, restrictions, easements, covenants and conditipps 10
are hereby imposed upon each and every lot in the said GEORGETOWNE, UNI1f~P,
Subdivision. (J
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SECTION 1. Lillld Use and Building ~ No lot shall be used except for
residential purposes. No building shall be erected, altered, placed or permitted to remain
on any lot other than one detached, single-family dwelling having a minimum, air-
conditioned living area of 1,200 square feet. None of the dwellings shall exceed thirty-five
(35) feet in height.
ARTICLE I - REGULATIONS
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SECTION 2. Building Location (Setbacks). A front setback line of twenty
(20) feet is required for all lots. A rear setback line of fifteen (15) feet is required, except
that a rear setback of twenty-five (25) feet is required for the following lots: Lots 102
through 105, inclusive; and further, within this twenty-five (25) foot setback no pools, pool
enclosures or other structures shall be allowed within ten (10) feet of said rear lot line or
sides in the cases of corner lots. On all other lots, swimming pools shall not be located
closer than five (5) feet from any side or rear lot line. In the instances where the screened
pool enclosure is constructed in such a manner that the enclosure is attached to the fence
or wall of the contiguous property, then there shall be an easement or license for the
purpose of attaching the screened pool enclosure to the fence or wall.
On any corner lot, except for those specific corner lots delineated herein no screened
pool enclosure shall be allowed within seven and one-half (7-1/2) feet of the side lot lines
and no swimming pool shall be located within eight and one-half (8-1/2) feet from the side
lot line.
Additionally, there shall be a minimum of ten (10) feet between each and every
dwelling.
SECTION 3. Temporary Buildings. Except for construction, sales and
marketing structures, trailers or buildings owned or allowed by Declarant, no tents, trailers,
shacks, tanks, temporary or accessory buildings or structures shall be erected or permitted
to remain on any Lot or Improved Lot without the written consent of the Association.
SECTION 4. Nuisance J:l.llil Trespassing. Nothing shall be done on any Lot
or Improved Lot which may be or may become an annoyance or nuisance to the
neighborhood. In the event of any questions as to what may be or may become a nuisance,
such question shall be submitted to the Association for a decision in writing, which decision
shall be final. The Board of Directors shall have the authority to have any unauthorized
person arrested or unauthorized vehicle removed from the Declaration Property.
SECTION 5. Signs. Other than Declarant's rights set forth above, no sign of
any kind shall be erected or displayed by an Owner on any of the Lots, Improved Lots or
Common Area or any structure thereon unless the Association has approved in writing the
design, materials, lettering and location of said sign, except one (1) normal real estate sign
not exceeding 216 square inches indicating property is "For Sale" or "For Rent".
SECTION 6. Laundry. There shall be no exterior clotheslines or display of
clothes, sheets, blankets, or other laundry on any Lot except those clotheslines to be used
as a part of, and those displays of laundry displayed on, a clothesline of an umbrella or roll-
up type, which shall be collapsed or rolled up when laundry is not being dried, and which
shall only be placed in the rear yard of an Improved Lot and which cannot be seen from the
street.
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./ SECTION 7. Weeds.and Refuse. No weeds, underbrush or other unsightly
growths shall be permitted to grow or remain upon any Improved Lot, and no refuse pile
or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon;
and in the event that the Owner shall fail or refuse to keep his Improved Lot free of weeds,
underbrush or refuse piles or other unsightly growths or objects, then after giving the Owner '~
fifteen (15) days written notice, the Association may enter upon such Improved Lot ~~pc\-~
remove the same at the expense of the Owner, and such entry shall not be deemed tresp<.!ss.('.)
All garbage or trash containers must be placed in walled-in areas or bins so that they sQ'all
not be visible from the adjoining properties. ~:j
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SECTION 8. Vehicles and Repair. No inoperative automobiles, tn4;kSN
trailers or other types of vehicles shall be allowed to remain either on or adjacent tcIanF
Improved Lot for a period in excess of forty-eight (48) hours. All boats, boat trailers;-
detached campers and other type detached trailers are prohibited, without the specific
approval, in writing, by the ARB. Small recreation vehicles (vans) are allowed if used as
one of a maximum of two vehicles in the family and parked within the Owner's Improved
Lot. Any other permanent licensable vehicle must be specifically approved by the ARB.
Temporary exceptions to this rule may be granted in writing by the ARB or by the Directors
of the Association.
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SECTION 9. Household Pets and Livestock. No animals, livestock or poultry
of any kind shall be raised, bred or kept on any Lot or Improved Lot except that dogs, cats
or other usual household pets may be kept, provided that they are not kept, bred or
maintained for any commercial purpose and provided that they are leashed when off the
Owner's premises.
SECTION 10. Mailboxes. All mailboxes shall be of the same design and
construction. It shall be the duty of each Owner to maintain said mailboxes in their original
condition. Should the mailboxes become damaged beyond repair, then it shall be the duty
and obligation of the Owner thereof to purchase another mailbox from the Association and
to pay for the installation thereof.
SECTION 11. Fences. No fence or wall shall be constructed, erected or
maintained on or around any portion of a Lot that is within the minimum front building
setback line, nor, in any event, any closer to the front line than a line paralleling the front
building wall of the residence dwelling there a dwelling is set back. This prohibition shall
not apply to any subdivision perimeter wall or fence. Within the other portions of the Lot,
no fence or wall shall be erected which is greater than six (6) feet in height. No material
shall be used for any fence or wall other than redwood, or other solid wood, brick or stone.
No chain link nor exposed concrete block (other than decorative or textured block) shall be
used.
In any instance where a fence or wall is constructed along the common boundary line
of any lot, whether it be a rear lot line or a side lot line, there shall be a perpetual
easement for the construction and maintenance of a fence or wall. The owner of each lot
shall have possession of that section of any fence or wall located on said owner's lot and
shall be responsible for the maintenance thereof. Any subdivision perimeter wall or fence
that may be built shall not be removed, altered or damaged in any manner.
SECTION 12. Mechanical Features. All exterior pumps, motors, air
conditioning compressors, storage tanks and other mechanical features shall be screened
from view if visible from the street in front of the house either by a decorative structure 36
inches in height or mature landscaping materials capable of obstructing view from said
streets.
SECTION 13. Swimming Pools. Recreational Structures and Screened Rooms.
Any swimming pool, recreational structure or screened room to be constructed upon any Lot
shall be subject to review by the ARB.
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SECTION 14. Common ~ The Association shall at all times maintain the
Common Area in good condition and repair (including, but not limited to, the pool, the
cabana and the perimeter landscaping, wall or fence). The subdivision perimeter wall or
fence which may be built shall not be removed, altered or damaged in any manner.
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SECflON 15. Garages and Driveways. No open carport may be constru~fbd~~
and all residences must contain a two-car garage. The inside dimensions of the garage s.fi~ll r'J
be a minimum of 18 feet in width and 20 feet in length. Garages shall be maintaine~~as
garages and shall not be converted to other uses with the exception of sales offices forhhe
Declarant or its successors or assigns. All dwellings shall have a paved driveway of conc~te_
construction of at least 16 feet in width at the entrance to the garage. :." N
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SECflON 16. Air-Conditioning System. An air-conditioning system is optional; N
provided, however, that if this option is exercised, said air-conditioning shall be by a central
system.
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SECTION 17. Building Materials. The front of all residences, and in the case
of corner lots the front and side of the residence facing the street, shall be constructed of
brick, stucco, native stone, wood or other finished materials.
SECflON 18. Sod. The front, side and rear yards of all lots in the subdivision
shall be sodded excepting only paved areas, patios, shrubbery and flower beds.
ARTICLE II - EASEMENT AREAS
SECfION 1. Easement for Encroachments. In the event any portion of any
Lot or improvement thereon encroaches upon another Lot or Improved Lot or Common
Area as a result of the construction, reconstruction, repair, shifting, settlement or moving
of any portion of any improvement on the Lot or Improved Lot or Common Area, a valid
easement for the encroachment and for the maintenance of same shall exist so long as the
encroachment exists and so long as the Board of Directors of the Association determines
that the encroachment was inadvertent.
SECTION 2. General Easemen~ Easements are hereby reserved by the
Declarant for roadways, utility, landscape, drainage, or perimeter wall purposes in
GEORGETOWNE, UNIT II, as indicated by the recorded Plat thereof. The Declarant
reserves the right to assign any and all easements shown on the recorded Plat, or which are
hereinafter created for installation of utilities, landscape or other uses deemed by Declarant
to be necessary or appropriate for the service of or ingress and egress to and from the Total
Property. The Declarant hereby reserves and grants for itself, its successors and assigns
easements, and the right to grant and create easements, through and across the Declaration
Property for purposes of ingress and egress and to provide installation, maintenance, repair
and replacement of water, sewer and other utility service and stormwater drainage for the
Total Property.
SECflON 3. Easement for Service. A perpetual easement is granted to all
police, fire protection, ambulance, mailmen and deliverymen, and all similar persons to
enter upon the streets, drives and walkways on the Declaration Property in the performance
of their duties.
SECTION 4. Easement Over Common Area. Upon conveyance by Declarant
of title to the first Lot, Declarant shall convev the title to the Common Area to the
Association, free and clear of all liens, eas~mentsJ and encumbrances except those of record
and those reserved and granted herein; provided, however, for so long as Declarant owns
any Lot or Improved Lot, Declarant retains an easement for itself, its assigns, agents,
invitees and licensees to the extent necessary to complete construction of the Declaration
Property, the Additional Property or the Total Property, or any portion thereof, to show and
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" sell Lots or Improved Lots, including the unrestricted right to erect signs, to use the
Improved Lots as models and sales offices, and to use the Common Area for ingress and
egress and for marketing and sales activities.
ARTICLE III - GENERAL PROVISIONS
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SECfION 1. . Amendment. The Declarant reserves and shall have the solen
right (a) to amend this Supplemental Declaration with respect to Lots still owned by it at=J
the time of the amendment, but all such amendments shall conform to the general purpose~
and standards of the covenants and restrictions herein contained; (b) to further amend this'
Supplemental Declaration for the purpose of curing any ambiguity in or any inconsistency
between the provisions contained herein; ( c) to include in any contract or deed or other
instrument hereafter made additional covenants and restrictions applicable to any Lot which
do not lower the standards of the covenants and restrictions herein contained, and (d) to
release any Lot from any part of the covenants and restrictions which have been violated
(including, without limiting the foregoing, violations of building restriction lines and
provisions hereof relating thereto) if the Declarant or the Association in its judgment,
determines such violation to be a minor or insubstantial violation. This Supplement
Declaration may be amended during the first twenty (20) year period by an instrument
signed by not less than sixty-six and two-thirds percent (66-2/3%) of both classes of
members, and thereafter by an instrument signed by not less than sixty percent (60%) of the
members. Any amendment must have prior approval of the City of Winter Springs, Florida
and must be recorded in the Public Records of Seminole County, Florida.
The City of Winter Springs is a third party beneficiary with the right to legally
enforce these documents or any part or provisions thereof.
Nothing contained herein permits or authorizes any violations or deviations from the
City Code, City of Winter Springs, Florida.
SECTION 2. Annexation. Additional residential property and common area
may be annexed to the properties with the consent of two-thirds (2/3) of each class of
members. Notwithstanding the foregoing, neither class of members shall have the right to
approve the annexation of the Additional Property as set forth in Article VII of the Original
Declaration, which right shall be vested solely in Declarant.
SECfION 3. FHA/VA Approval. So long as there is a Class B membership,
the following actions will require the prior approval of the Federal Housing Administration
or the Veterans Administration: annexation of additional properties, dedication of common
area, amendment of this Declaration.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused
this document to be executed by its duly authorized officer on the date first written above.
Witnesses: ~
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~itness
, D'o~ n L. .\ -\L^ d ':J'0-e-::'+-~ .
Printed Name
GEORGE WIMPEY OF FLORIDA, INC.,
a Florida corporation
By:/-,~~~~.
Richard Bowles, Vice President
Address:
201 N. New York Avenue
Suite 200
Winter Park, Florida 32789
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if' . The foregoing instrument was acknowledged before me this tf+LiJay of"'-
~U./y....u'L , 19~, by RICHARD BOWLES as Vice President of GEORGE
WIMPEY OF FLORIDA, INC., a Florida corporation, on behalf of the corporation. Jie
~s personallY known to me or has produced as
identificatiorlai1crffiafake- an oath.
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STATE Of FLORIDA
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Notary Public
Signature: f3 WL-Lt,. f? L0~lt{ti(~--1
Print Name: 6 (' lj Q ~ '-I e L.\..j / 'I f ( . C/i--( s,.
State of Florida at Large r
MY COMMISSION EXPIRES: ....
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This Instrument was Prepared by/Return to:
Dwight I. Cool, Esq.
Graham, Clark, Pohl & Jones
369 North New York Avenue
Post Office Drawer 1690
Winter Park, Florida 32790
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