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(SPACE RESERVED FOR RECORDING)
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
-t';!,
THIS DECLARATION,
is made as of this
day of
::k/y
1994, by Winding Hollow Development Company,
whose address is 250 East Broad Street, Columbus, ohio 43215,
hereinafter referred to as "Developer" or "Declarant".
WITNESSETH:
WHEREAS, Developer is the owner of certain property in
Seminole County, Florida, which is more particularly described in
Exhibit "A" attached hereto and made a part hereof
(the
"Property"); and
WHEREAS, Developer desire to submit a portion of the Property
to this Declaration, and desires to retain the right to submit
additional portions of the Property to this Declaration at a later
time.
NOW THEREFORE, Developer hereby declares that all portions of
the Property described at Exhibit "B" (the "Properties") shall be
held, sold and conveyed subject to the following easements,
restrictions, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run
with, the real property and be binding on all parties having any
right, title or interest in the described properties or any part
thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
V Section 1. "Association" shall mean and refer to the Winding
~ Hollow Homeowners' Association, Inc., its successors and assigns,
operating in accordance with federal and state law and Chapter 617,
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Section 2. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
section 3. "Properties" shall mean and refer to that certain
real property described in Exhibit "B" attached hereto, and such
additions thereto as may hereafter be brought within the
jurisdiction of the Association.
section 4 .
"Common Area" shall mean all real property
(including the improvements thereto) owned by the Association for
the common use and enjoyment of the Owners. The Common Area may
include retention areas, recreational areas, the Surface Water or
Stormwater Management System (as that term is hereinafter defined) ,
landscaped drive and entryway feature, and any other common area
reflected on the plat of the Properties, and any and all facilities
constructed or to be constructed thereon.
The Association shall
obtain and keep in force such general liability insurance covering
occurrences on the Common Area as the Board of Directors of the
Association deems reasonable and advisable.
section 5.
.
"Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with. the
exception of the Common Area.
Section 6.
"Declarant" shall mean and refer to Developer
and/or its successors and assigns if such successors or assigns
should acquire more than one undeveloped Lot from the Declarant for
the purpose of development. However, the term Declarant shall not
refer to builders who have purchased Lots for the purpose of
constructing homes thereon for sale to ultimate purchasers.
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PAGE
2824 1921
.SEHINOLE co. fL.-
(SPACE RESERVED FOR RECORDING)
section 7.
"Surface Water or stormwater Management System"
shall mean and refer to a system of the Properties 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 affect the quantity
and quality of discharges from the system, as permitted pursuant to
Chapters 40C-4, 40C-40, or 40C-42, F.A.C.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of En; ovment. Every Owner shall
have a right and easement of enjoyment in and to the Common Area
which shall be appurtenant to and shall pass with the title to
every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable
admission and other fees for the use of any recreational facility
located upon the Common Area;
(b) the right of the Association to suspend the voting
rights and right to use of the recreational facilities located upon
the Common Area by an Owner 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 its published rules
and regulations;
(c) the right of the Association to encumber the Common
Area (except the Surface Water or Stormwater Management System), or
to offer to dedicate or transfer all or any part of the Common Area
to any public agency, authority, or utility for such purposes and
subj ect to such conditions as may be agreed to by the members
thereof.
No such encumbrance, dedication or transfer shall be
effective unless an instrument agreeing to such encumbrance,
dedication or transfer signed by 2/3rds of the Members of the
Association (excluding Declarant) has been recorded. The Common
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BaOff" .... .....vuJ\u.;:)
2824 ~28
SEMINOLE CO. FL.
(SPACE RESERVED FOR RECORDING)
Area shall be conveyed to the Association pursuant hereto free and
clear of all encumbrances.
Section 2.
Deleqation of Use.
Any Owner may delegate, in
accordance with the By-Laws of the Association, his right of
enjoyment to the Common Area and facilities to the members of his
family, his tenants, or contract purchasers who reside on the,
Properties.
Section 3. Covenant for Easement Use. Reference is hereby
made to that certain Easement recorded in Official Records Book
148, Page 79, Florida, as supplemented by the Supplement to Right-
of-Way Agreement dated July 21, 1958, recorded in Official Records
Book 183, Page 132, all Public Records of Seminole County, and a
separate and unrecorded Covenant for Easement Use dated October 11,
1991, by and between Florida Power & Light Company and Gulfstream
Housing Corp.
Declarant hereby agrees that in the event the
Easement Area as defined in the Covenant for Easement Use and the
Easement is transferred to the Association, the Association will
assume all maintenance of the Easement (other than facilities of
Florida Power & Light Company located on the Easement), will
restrict access to the Easement for maintenance purposes only, and
will designate the Easement Area solely for retention and
mitigation purposes.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1.
Every Owner of a Lot which is subject to
assessment shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting
membership:
Class A. Class A members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one vote for
each Lot owned. When more than one person holds an interest in any
Lot, all such persons shall be members.
The vote for such Lot
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BOO/{
(SPACE RESERVED FOR RECORDING)
shall be exercised as they determine, but in no event shall more
than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant and
shall be entitled to three (3) votes for each Lot owned. The Class
B membership shall cease and be converted to Class A membership on
the happening of either of the following events, whichever occurs
earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership, or
(b) on October 1, 2002.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obliqation of
Assessments.
The Declarant, for each Lot owned within the
Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to
the Association:
(1) annual assessments or charges, and (2)
special assessments for capital improvements, such assessments to
be established and collected as hereinafter provided. The annual
and special assessments, together with interest, costs, and
reasonable attorneys' fees, shall be a charge on the land and shall
.
be a continuing lien upon the property against which each such
assessment is made. Each such assessment, together with interest,
costs, and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such property at the
time when the assessment fell due.
The personal obligation for
delinquent assessments shall not pass to his successors in title
unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by
the Association shall be used exclusively to promote the
recreation, health, safety, and welfare of the residents in the
Properties, for the improvement and maintenance of the Common Area,
5
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PAG~
I
'2 8 2 4 I 9 3 0
SEMINOLE CO. FL.
(SPACE RESERVED FOR RECORDING)
general overhead and operations related to the Common Areas, and
for the maintenance, landscaping and irrigation of the areas along
street rights of way which are adjacent to (a) the entryway feature
of the Properties and (b) areas that are not abutted by a Lot (said
areas being hereinafter referred to as "Road Rights of Way").
Section 3. Initial Assessment and Maximum Annual Assessment.'
The initial annual assessment shall be $300.00 per Lot, due and
payable at the time the Owner closes on the Lot, or on such other
basis as determined by the board of directors of the Association.
Until January 1 of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment shall
be Three Hundred and No/I00 Dollars ($300.00) per Lot.
(a) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum
annual assessment may be increased each year not more than twenty-
five percent (25%) above the maximum assessment for the previous
year without a vote of the membership.
(b) From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner, the maximum
annual assessment may be increased above twenty-five percent (25%)
by a vote of a majority of the members of the Association who are
voting in person or by proxy, at a meeting duly called for this
purpose.
(c) The Board of Directors may fix the annual assessment
at an amount not in excess of the maximum.
section 4. Special Assessments for Capital Improvements. In
addition to the annual assessments authorized above, the
Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon the Common Area,
including fixtures and personal property related thereto, provided
that any such assessment shall have the assent of two-thirds (2/3)
of the votes of each class of members of the Association who are
6
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BOOK
PAGE
2824 1931
SEMINOLE CO. FL.
(SPACE RESERVED FOR RECORDING)
voting in person or by proxy at a meeting duly called for this
purpose.
Section 5. Notice and Quorum for Anv Action Authorized Under
Sections 3 and 4.
Written notice of any meeting called for the
purpose of taking any action authorized under Sections 3 and 4
hereof shall be sent to all members not less than thirty (30) days
nor more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of members or of proxies
entitled to cast sixty percent (60%) of all the votes of the
membership of the Association shall constitute a quorum.
If the
required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at
the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
Section 6.
Uniform Rate of Assessment.
Both annual and
special assessments must be fixed at a uniform rate for all Lots
and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due
Dates. The annual assessments provided for herein shall commence
as to all Lots on the day of the conveyance of the Lot to the
Owner. The first annual assessment shall be adjusted according to
the number of days remaining in the calendar year. The Board of
.
Directors shall fix the amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall
be sent to every Owner subject thereto.
The due dates shall be
established by the Board of Directors, and may be monthly,
quarterly, or annually. The Association shall, upon demand, and
for a reasonable charge, furnish a certificate signed by an officer
of the Association setting forth whether the assessments on a
specified Lot have been paid. A properly executed certificate of
the Association as to the status of assessments on a Lot is binding
upon the Association as of the date of its issuance.
7
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28 24 . I ;~E2
SEMINOLE CO. FL.
(SPACE RESERVED FOR RECORDING)
section 8. Effect of Nonpayment of Assessments: Remedies of
the Association. Any assessment not paid within thirty (30) days
after the due date shall bear interest from the due date at the
highest rate allowable by law per annum. The Association may bring
an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the affected property. No
Owner may waive or otherwise escape liability for the assessments
provided for herein by non-use of the Common Area or abandonment of
his Lot.
Section 9. Subordination of the Lien to Mortqaqes. The lien
of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien. No mortgagee shall be required to
collect assessments affecting a Lot which is encumbered by its
mortgage.
Section 10. Escrow; Reserve. Until Class B membership
terminates, ten per cent (10%) of the first initial Annual
Assessment collected by the Association, or by the Declarant for
the Association, shall be placed in a separate account established
for the purpose of creating a reserve to be available only to the
Association at such time as Class B membership terminates.
ARTICLE V
ARCHITECTURAL CONTROL
No building, wall, storage shed, trellis, tree house,
playhouse, permanent playground equipment or other structure shall
be commenced, erected or maintained upon the Properties, nor shall
any exterior addition to or change or alteration thereto be made
until the plans and specifications showing in detail the nature,
kind, shape, height, materials, and location of the same shall have
been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and
topography by the Architectural Review Committee ("ARC"). In the
event the ARC fails to approve or disapprove such design and
location within thirty (30) days after said plans and
specifications have been submitted to it, approval will not be
8
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j(-- A.
Booi"'" 'ePA'GE
2824 1933
,-SEMINOLE CO. FL"
(SPACE RESERVED FOR RECORDING)
required and this Article will be deemed to have been fully
complied with, as to that design and location only. So long as the
Declarant owns any lands in the Properties, the Declarant or its
designee(s) shall act as the ARC.
Thereafter, the ARC shall be
appointed by the Board of Directors of the Association.
ARTICLE VI
"
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. The st. Johns
River Water Management District shall have the right to 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. The City of
winter Springs shall have the right, but not the obligation, to
enforce the terms and provisions of this Declaration.
Nothing
contained herein permits or authorizes any violations of or
deviation from the City Code, City of Winter Springs, Florida.
Section 2. Severability. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in'no
wise affect any other provisions which shall remain in full force
and effect.
Section 3. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty
(20) years from the date this Declaration is recorded, after which
time it shall be automatically extended for successive periods
often (10) years. This Declaration may be amended by an instrument
signed by not less than two-thirds of the Owners and recorded in
the Public Records of Seminole County, Florida. Any amendment must
be recorded.
Notwithstanding anything herein to the contrary, any
amendment to the Declaration which alters the Surface Water or
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OFF'lCIAL REWDS
BOOK , t GE
2 8 2 [. , 9 3 4
(SPACE RESERVED FOR RECORDING)
Stormwater Management System, beyond maintenance in its original
condition, including the water management portions of the Common
Areas, must have the prior approval of the st. Johns River Water
Management District. The Declaration shall not be amended without
the consent of the City of Winter Springs as to any amendment which
al ters the City's interests in this Declaration, which consent
shall not be unreasonably withheld.
Section 4. Annexation. Additional residential property and
Common Area may be annexed to the. Properties without Class A
membership consent as long as there is a Class B membership, and
thereafter, with the consent of two-thirds (2/3) of the members of
the Association. Notwithstanding the foregoing, Declarant shall be
free to add any portion of the Property to the Properties at any
time by the recording of a Supplemental Declaration executed only
by Declarant or its designated successor or assign, and such
portion of the Property added to the Properties shall, from the
date of recording of such Supplemental Declaration, be governed by
the terms, provisions, conditions, and restrictions set forth in
this Declaration.
Section 5. FHA/VA Approval. As long as there is a Class B
membership, the following actions will require the prior approval
of the FHA or the VA: annexation of additional properties other
than portions of the Property described at Exhibit "A", dedication
of Common Area, and amendment of this Declaration of Covenants,
Conditions and Restrictions.
Section 6. Surface Water or Stormwater Manaqement Svstem. 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(s)
shall mean the exercise of practices which allow the systems 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
10
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OFFICIAL ~RDS
BOOI~ '~AGE
'2 8 2 4 I 9 3 5
(SPACE RESERVED FOR RECORDING)
Management District.
The Association shall convey the Surface
Water or Stormwater Management System to the City of Winter Springs
upon the City's request.
Section 7.
Road Riqhts of Way.
The Association shall be
responsible for the maintenance, landscaping and irrigation of the
Road Rights of Way.
The Association shall be responsible for:
connection of any irrigation system operated by the Association to
the City of winter Springs reclaimed water service upon such
service becoming available.
ARTICLE VII
USE OF PROPERTIES
Section 1.
Protective Covenants.
In addition to the
covenants , conditions and restrictions enumerated elsewhere in this
Declaration, the Properties are also subject to the following:
(a) Land Use. All of the Lot(s) shall be used solely for
single-family residential purposes.
No more than three (3)
unrelated persons may reside at any time on a Lot.
(b) Size and Heiqht of Buildings.
No residence
constructed on any Lot shall exceed the maximum height permitted or
allowed under or in accordance with the zoning regulations of the
City of Winter Springs, Florida, as such regulations may be amended
from time to time, but shall never exceed thirty-five feet (35') in
height. No accessory building constructed on any Lot shall exceed
the maximum height permitted or allowed under or in accordance with
the zoning regulations of the City of winter Springs, Florida, as
such regulations may be amended from time to time, but shall never
exceed eighteen feet (18') in height. Each residence constructed on
a Lot shall have minimum living space (not including any un-air
conditioned area) of at least 1,200 square feet.
(c) Lot Split.
No Lot shall be split, divided or
subdivided for sale, resale, gift, transfer or otherwise so as to
create a new lot within the Properties.
(d) Trade, Business or Commercial Activitv Barred. No
trade, business or commercial activity shall be conducted on any
Lot, nor shall anything be done thereon which may become an
11
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OFFICIAL rAORDS
8001< "PAGE
is 2 4 I 9 3 6
annoyance or nuisance to any of the Owners of any other Lot in the
Properties; provided, however, that the foregoing restriction shall
not preclude the use of any Lot for the conduct of a professional
or other service business which does not involve frequent on-site
personal visitations or product exchanges or for the operation of
a model home center by a commercial builder.
(e) Buildinq Location. No residence, garage or other
accessory building or structure shall be located on any Lot nearer
to the lot lines than the following:
4~ ~ II'C-I"'-s..
Minimum front building setback - Twenty five feet (25')
Minimum rear building setback - Twenty five feet (25')
Minimum side building setback - Seven and one-half feet
(7' 6")
~ No wall of any kind shall be located on any Lot nearer to any
street than the front building
~ ~..,
setback line.
....
Nothing herein
contained shall be construed as preventing the use of any portion
of a Lot for sidewalks and driveways or the planting of trees,
shrubbery, flowers or other ornamental plants.
(f) Temporarv structures.
limitation, any storage shed or
, '. 'provided that trailers,
temporary buildings, barricades and the like shall be permitted
only for construction purposes during the construction period of a
residence on any Lot.
(g) Animals. No animals, birds, insects, livestock or
poultry of any kind shall be raised, bred or kept on any Lot,
except dogs, cats and other household pets which are kept for
domestic purposes only and are not kept, bred or maintained for any
commercial purpose. Household pets permitted on any Lot pursuant
to this Declaration shall be kept on a leash while outside or
otherwise provided from straying onto other Lots. No more than a
total of two (2) household pets shall be permitted on any Lot. No
kennels or enclosures for animals shall be constructed or
maintained on any Lot.
12
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2824 1937
SEMINOLE CO. FL '
(SPACE RESERVED FOR RECORDING)
(h) Waste Disposal/Lot Maintenance.
No Lot shall be
used or maintained as a dumping ground for rubbish. Trash, garbage
or other waste shall be kept only in sanitary containers. All
equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition and shall be screened from
view from the street and adjacent Lots. The grounds of each Lot
(whether vacant or occupied) shall be maintained in a neat and
attractive condition. Upon the failure of any Owner to maintain
his or her Lot (whether vacant or occupied) in a neat and
attractive condition, the Association or its authorized agent or
successors and assigns may, after ten (10) days written notice to
such Owner, enter upon such Lots and have the grass, underbrush,
and other vegetation cut and debris removed, when, and as often as
the same is necessary in the Association's judgment, and may have
dead trees, shrubs and other plants removed therefrom. Such Owner
shall be personally liable to the Association for the cost of any
cutting, removing of debris, clearing and maintaining described
above and the liability for amounts expended for such cutting,
clearing and maintenance shall be a permanent charge and lien upon
such Lot enforceable by the Association by any appropriate
proceeding at law or in equity.
All costs incurred by the
Association on behalf of such Owner shall be reasonable. Notice
given as hereinabove provided shall be sufficient to give the
Association or its designated committee, or its successors and
assigns, the right to enter upon any such Lot and perform the work
required. Entry for the purpose of performing the work required
shall be only between the hours of 7:00 a.m. and 6:00 p.m. on any
day except Sunday.
Said permanent charge and lien shall be
subordinate to the lien of any first mortgage on the Lot and shall
be foreclosable.
(i) Clothes Lines. No clothing or any other household
fabrics shall be hung in the open on any Lot and no outside clothes
lines or other drying or airing facilities shall be permitted on
any Lot.
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OFFICIAL_CORDS
BOOK ,., PAGE
2824 1938
(SPACE RESERVED FOR RECORDING)
(j) Vehicles Not in Use. No inoperable automobile or
motor vehicle shall be left on any Lot for a period longer than two
(2) days. After such period of time, the vehicle shall be
considered a nuisance and detrimental to the welfare of the
Properties and may be removed from the Lot by the Association at
the Owner's expense.
(k) Hobbies. Hobbies or other activities which tend to
detract from the aesthetic character of the Properties and any
improvements used in connection with such hobbies or activities
shall not be permitted unless conducted within a building erected
upon the Lot in a manner which is not visible from either the
street or any adjacent Lot. This restriction refers specifically,
but not exclusively, to such activities as automotive and boat
repair, which shall not be conducted on any Lot except within a
residence constructed on such Lot.
(I) Boat. Trailer and Vehicle Parkinq and storage. No
truck, trailer, boat, camper, recreational vehicle or commercial
vehicle shall be parked or stored on any Lot, unless it is in a
garage or other vehicle enclosure out of view from the street and
adjacent Lots; provided, however, that nothing herein shall
prohibit the occasional, temporary parking of any such truck,
trailer, boat, camper, recreational vehicle or commercial vehicle
on a Lot for a period not to exceed 48 hours in any period of
thirty (30) days, nor shall any residential home builder' be
precluded from keeping a temporary sales trailer on any Lot while
its model home center is under construction.
(m) Garaqe. No residence may be constructed on any Lot
unless an attached garage for at least two automobiles is also
constructed thereon.
(n) Siqns. No signs of any kind shall be displayed to
the public view on any Lot, except one temporary sign of not more
than six square feet advertising the property for sale or rent and
such signs as may be used by a builder to advertise its product in
the Properties during its construction sales period.
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OFfiCIAL RAnROS
BOOK '~AGE
2824 1939
tOR RECORDING)
(0) Antennas.
No antenna or satellite dish for the
transmission or reception of television or radio signals of any
kind shall be erected or permitted to be maintained on any Lot
unless same is invisible from the street and has the prior written
approval of the ARC.
(p) Gradinq and Drainaqe. No construction, grading or
other improvement shall be made to any Lot if the same would
interfere with or otherwise alter the general grading and draining
plan of the Properties, any existing swales, floodways or other
drainage configurations serving the Properties unless such
construction, grading or other improvement is first approved by the
ARC and satisfies any requirements of the City of Winter Springs
Code.
(q) Fencing.
Fencing shall be permitted
on a
Lot
provided the fencing meets the following criteria:
a) No higher than six (6) feet tall;
b) A 2" gap at bottom for drainage;
c) No closer to the street than the front
elevation of the residence constructed on the Lot;
d) "Shadow box" construction with fence posts and
stringers of either cedar or treated pine;
e) Fence posts set in concrete;
f) Pickets of high grade of 1 x 6 cedar material;
g) Not painted, but left to weather a natural
color.
An Owner must obtain the prior written consent of the ARC for
any addition or change to any existing fence, which addition or
change does not meet the above criteria, and for any fence to be
constructed on a Lot which does not meet the above criteria.
(r) Mailboxes. All mailboxes serving residences within
the Properties shall be of a uniform type, grade and color approved
by the Board of Directors of the Association or its designated ARC.
(s) Above Ground Pools. No above-ground swimming pool
shall be permitted on any Lot.
15
irF,
e
BOOI~ e PAGE
2824 1940
SEMINOLE CO. FL.
(SPACE RESERVED FOR RECORDING)
(t) Landscaping. Each Lot owner shall be required to
maintain all landscaping on its Lot, including, without limitation,
any landscaping in the lawn located between the street and the
sidewalk associated with such Lot. All such landscaping
(including, without limitation, shrubs, trees, grass, flowers and
plantings of every other kind and description) shall be kept well-
maintained, properly cultivated and free of trash and other
unsightly material. The lawn on each Lot shall consist of st.
Augustine sod. Each such Lot shall have underground sprinkler
systems to provide for the irrigation of all landscaping and lawn
areas. Each Owner shall be responsible for connection of that
Owner's Lot to the City of Winter Springs reclaimed water service
upon such service becoming available.
(u) utility Services. No lines, wires or other devices
for communications purposes, including, without limitation,
telephone, television, data and radio signals, or for the
transmission of any other utility service shall be constructed,
placed or maintained anywhere on any Lot, unless the same shall be
in or by conduits or cables constructed, placed and maintained
underground or concealed in, under or on any residence or other
building constructed on any Lot; provided, however, that above-
ground electrical transformers and other equipment may be permitted
if properly screened so as not to be visible from the street or any
adj acent Lot. Nothing herein shall be deemed to forbid the
erection and use of temporary power or telephone services incident
to the construction of any residence on any Lot.
(v) Maintenance of Easement Areas. No structure, fence,
planting or other material shall be placed or permitted to remain
within the easement areas designated on the recorded plat of the
Properties if the same could damage or interfere with the use of
such easements. The easement area of each Lot and all surface
improvements thereon shall be maintained continuously by the Owner
16
r
-
OFFICIAL
Bom~
2824
OROS
PAGE
I 94 I
(SPACE RESERVED FOR RECORDING)
of said Lot, except for those improvements for which a public
authority or public utility company is responsible.
(w) Roofing Shingles. The roof on any residence
constructed on any Lot shall be constructed using fungus and mildew
resistant shingles of an asphaltic, dimensional, architectural
grade, having a minimum weight of 280 pounds per square with a'
~ff~~ limited
d( IN
warranty of thirty (30) years.
WITNESS WHEREOF, the undersigned,
being the
Declarant
herein, has hereunto set its hand and seal as of the day first set
forth above.
Signed, sealed and delivered
in the presence of:
WINDING HOLLOW DEVELOPMENT
COMPANY, a Florida general
partnership
By: Pizzuti Equities
mana ing general
By:
(Corporate Seal)
STATE OF rl,.",~
COUNTY OF f)/~
The foregoi9g instrument was acknowledged before me this ~~
day of JII ~ ' 1994, by Richard C. Daley, as Vice
President of pizzuti Equities Inc., the managing general partner of
Winding Hollow Development Company, and who is personally known to
me O~ h:lC3 p:tvducect D.B id'-Yl1iifiea'tien
and who did not take an oath.
SS:
Notary Stamp
Signat
Acknow
Print
Title: Notary Public
Serial No. (if any)
Commission Expires:
Taking
THIS INSTRUMENT PREPARED BY AND
AFTER RECORDING, RE'i'URH TO:
. ..~.W';:'~'" OFFICIAL SEAL
... ~.. "t' .....
: ~ ~ JAMES E. L. SEAY
: : My Commission Expires
~ i Nov. 3. 1996
.....~l'EOFf~~.. Comm. No. CC 24027,l
~"n"..
JAMES E.L. SEAY, ESQUIRE
Maguire, Voorhis & Wells, P.A.
Two South Orange Avenue
Orlando, Florida 32801
R:\REAL\069\917314\009\JL1547.0RG
17
e OFfiCIAL RECORDS
BOm< PAGE
SUBORDINATIOi 8 2 4 I 9 4 2
,SEMINOLE CO. fL.
The undersigned hereby certifies that BARNETT BANK OF CENTRAL
FLORIDA, N.A. is the holder of a mortgage, lien or other
encumbrance upon all or a portion of the above described property,
and that the undersigned hereby joins in and consents to the
foregoing instrument by the owner thereof and agrees that its
mortgage, lien or other encumbrance, which is recorded in Official
Records Book 2737, Page 1567, of the Public Records of Seminole
County, Florida, securing the original sum of $3,600,000.00 shall
be subordinated to the foregoing instrument. This Joinder, Consent
and Subordination is effective to subordinate the lien of said
mortgage to the Properties described in the Declaration as being
subjected thereto, as well as additional portions of the Property
as described in the Declaration which are also encumbered by said
mortgage. This Joinder shall be effective as to all portions of'
the Property which are added to and made a part of the Properties
under the Declaration without further action by the holder of said
mortgage.
e
JOINDER, CONSENT AND
Signed, sealed and delivered
in th~ ~r:;'~2,'
~~~~
.MICHAEL L. GREEN
BARNETT BANK OF CENTRAL
FLORIDA, ]J' A. /.
By: ~If(~
Name: Bradley J. Carpenter
Its: _l/;'a, fluUdR._n)9
Name:
(CORPORATE SEAL)
STATE OF FLORIDA
SS:
COUNTY OF ORANGE
This is to certify that on this (p~ day of J;1j~ ,
1994, before me, an officer duly authorized U to take
acknowledg~ments in the state and county afores94d" personally
appeared :Bro-..d l~~ ",'J. COJ"pe;nk r ,as V.- c.e VreStclerr+-
president of Barn~tt Bank of Central Florida, N. A., personally
known to me o:r who prodll~pd nS idemi fica-'E-i--etl,
as the individual described in and who executed the foregoing
Joinder, Consent and Subordination, and acknowledged the execution
thereof to be his/hGr free act and deed as such officer thereunto
duly authorized, that the official seal of said entity is duly
affixed thereto; and who 4idfdid not take an oath.
IN WITNESS WHEREOF, I have hereunto set my hand and seal ,on
the above date.
Name:
My Commission Expires: /:;../,;;; 1'17
R:\REAL\069\917314\009\JL1547.0RG
(IJINDING HOLLOIJ)
.--.-.-
,1Ji*:'!;:J;;, KIMBERL V D:.11.ci:. I
f.(~'l.~ MY COMMISSION /I <:C:J~, ""J
~~~i.: EXPIRES: Decembi;r l;j, ". ~~
';4;p'f.,r.o~" Bonded 1lvu NolaIy Public UnoolWrllers
18
5
~~
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~~
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=::>~
~~
~
Deglnninl at a point S 00-53'23. E. dUla.:\ce or 5000 (eet tcom rho Sour.hw~t
cornu of Lot I. Block 12. of North Orlando RJl11cheJ S<<1lon 10 ~ rCC()rded I.i~
PlAt Book I), PA&tJ 32 IlI\d 33 of tho Public Rerordt or Semlnolo County, ~
Aorid.; thenco run along the Southorly and Ea.tterly boun~ of said North ~~
Orlando RancheJ Section 10 through the (oUowln& COUrSe..t And d[stAn~: n
N 89-06.31. E for a distance or 438.15 (eet; thenu S 69-14'43- B for a ? ~
dbtance of 552.94 reel; thence N 89-06'31- I! (or a distance of 206.23 (eet: ~ c::>
thence N SrI4ll'2,S- F. (or. db lance of 100.00 reet; thenco N 89-06'31- E (or'. r
dbtAnce or 195.67 rut; thence N 13-'1'14- E for a d~tanco of 196.47 reel;
.thence N 00-53.23- W for a dlstanco of 190.00 fut; thenco N 60-)7'36- W for
Q dblAnce of 183.16 feel; thence N 19-32'4r W (or a dbtance of 174.21 fcet.
,
thence N 00.53'23- W (or a dbtanu of 340.10 rcot: thence N 06-14.36- B (or
a diJtanco of 400.22 (eet; thence N 23-'2.38- W ror. d~tanoo o( 166.29 (eet;
thence N IO-09.S6- W ror a dhlance or BO.OS reet to th. Southeast comer or
North Orlando RMchu Section 9 as recorded In Plat Book I J, Pqel II f.J1d 12
or the Public Records of SemInole County, florida; thence run N 10-09'$6- W
for. dbtance o( 734.02 rect to a point on tho'propo.sed Southerly rllht~r.w,y .
line o( Alton Road; thence run aJonS,t1te proposed Southerly and El;stcrly rfght-
or.way Ilnt3 of nld Alton Road throulh tho (onowlnS courses and dUtAn0C3; run
Ea!terly along tho arc or" curvo concavo Southerly havln, a radlau-'o( 236.62
(eet and a chord bearing or S 79~37'39- f! ror . dIJtanco or 83.52 (~t through a
central angle or 20-ll'2cr to the point or revene curvature of A curjle concav.
Northerly having a radluJ of 316.62 (eet and a central angte of20~9.29.; thence
run &..sterly along the arc of uld curve 113.24 (eet to the point of lfngency;
thence N 89-59'37- E (or a dbtance o( 343.89 feet; thence N OO-W2J- W (or '
a dbla.nce of 601.01 (eet to the point orcurvaluro 0(. CUlVe cooca.vP Westerly
havlnS . radlw or 440.00 feCi and A ocntroJ MeJO or 40-04.17-i the.qce run
Northerly alon. tho arc 0' saId curvo 307.73 (oet to the poInt ortanfOOCY; thenC6
run N 40.04'40. W ror a dl.tanu of 243.08 (Nt; t1tenoo run N 19!.s~- n
.Ionl the Northerly line of Loll ).4. J3, 32. 31,30,29 and 2.1, Blode 'D', O.R.
MITCHELL'S SURVEY OF niB LBVY GRANT ON lAKB JESsl1P at
recorded In Plat Book. J, Page' o(the Public Recorda ot ~mlnol. County,
Florfda (or a .j13tance of )~49.'O reet to tho Northurt comet or uJd 'Lot lB:
thence run S 00-56'08- E l.Iong the East JIn~ or Lob 211, 39.62 ana 75, Dlock
'0'. o( ,aid D.R. MITCHEI~'S SURVEY OFTI-m LEVY GR.AN'f: ON LAKB
JESSUP and a Southerly projcctJon or said I!.u1 Uno 4646.46 roct t~a point on the
Southerly line of lot 73 o( uJd Block '0', .ald point wC! being on l)ioNo.therJ,v
line or Garden.. Farm. as recorded In. Plat B~1c 6, Pa.a::s nand 2~\.o(~ Public
recordJ of Seminole County, Aorlda; thence ron N 78 ')~'31. ~SV aloot laId Une
(or'& dulaJ'lce of 1430.14 reet to the Northwest cotner or taJd Cardena f'amu;
thence run S J 1-15.30- W alone tho Westerly line ohald GardenaFarnu (or I
dUlance of 4S5.84 Cui to . polntl)'lns &sferly fi'om . point 20.93 '(eet South or
the NortJ.eut comer or North Orlando Ranches Sccllon I as r~rded In Mat
Dook 12, P'eO 3 or the Public Record" or SelDlnol,e County, F1orld~ u measured
along the East Une of said plat; t1te.nce run S 89-"'~- W ror. distance ,....f
1162.03 reet; thence run N 07-26'38" WAJoDI tho EAstuty nne (Ir~dJ .
described In Official Record Book 1784, PalO 809 oelhe Public Re<oriis 01
~mlnolo Counly, Aorld., ror a db1an~ or 1081.!7 rut; dJenco ruA' :
S 89-56'09- W alon. the Northerly Itne or $1\145 lands (or. dfmn<:e of 1174.29
(ect; thence run S 41-48'21- Walonl t1\i V't'ei1~" Uno orJaJd!add, rOf a
dbtanC4 of 381.07 leet; thenco run S 00'"0)"1" E alon. ~ WestuI.y J1l}8 for a
dlJt.anco o( 82-4.03 recti thenco run S 89-j.t'2J" W ror. ~ oI7J-4.2S (M(
to saId wi Ilne 01 North Orlando Ranchtl S<<tfoa I; the~ .l:.I1 N (v'3~- W
Alon, ~41d I?AJlllno 20.93 teet to ltto llforem~ntJom.d Nor11lcut <:?m" or North
OrlMdo RtncheJ SectIon J. ,aid COIn" Wo belaS d1. Southout rort"rCt or North
o,I'-Odo Ranche. Secllon , ... rtCOn1~ in p-~ :Jwk :2, r-,V. ';";.nJ j9 vriJii
Public RecordJ o( Soml~r. County, Pl4ridA; r:henc4 ru~ 00-53'11" WaJona
tho I!JJterly'lno ornJd pIAl and &h. EuterfyUM ofNoflh Orl&ndo.IWK6Af
s.xtJon 2.A r..= rocorded Cd P1~c &ok 12. rlJ~~ du-otlJ.h 41 o(~ P'oIbUG
RerordJ or Strnlnole ('..aunt)' floridA, ror I d 011$$0.82 (6tt to ah-s Poln.t
or Bo,lnnJn,.
e
OFFICIAL r~PAROG~
BOOK ...
2824 1943
SEHINOLE co. fL.
"A"
EXHI Ill'1
PACe 1 01' J
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OFFICIAL RE'j{DS
BOOK PAGE
2824 1944
. SEH\NOLE co, fL.
..
AND
A Part of Loti 34, 35,' 45 an!5 U, Block 0., D. R. K1tcheU'. (/'t
Survey of thl Levy arant, accordln9 to the plat theraof a. r1
recorded 1n ,ht Book 1, paVe S, publio Recorda of Seainole ~
County, rlodda" dllcdbed a. foUc>vlI Beglnn1ng at . po1nt 0
'34.02 teet N. 10.""- V. of the Southealt corn..: o( MOR!1C r
ORLANDO lUNCHES, SECTION- , (.ald point beln9 on tb. pro~.ed r1
Southerly rlght-ot-vat 11ne of Alton Road), th.ne. run along a ~
propo.ed Southerly and Eaaterly rlght-of-vay 11ne. ot .ald llton ~
Road through the follovlng cour... and dl.tanc." thence fro. a r-
tanvent bearlnv of I. '~.44'23. I. run .Ea.i.rly 610ng the arc of .
.. cu~v. coneav. Southerly bavln; .. radlu. of 23'.'2 f.etf a
d1etance of '3.'2 t.et throuvh 6 central. an91- of 20.1)'~t. to
the polnt of rever.e curvature of a ourve ooncav. Nortberly
hav!nv a r.dlu. of }1,.'2 ~eet and a oentral angle of 20.2"21.,
thence run Ea.terlt a10nu the arc of .ald ourve 113.2( f.et to
the point of tanoency, tblnce'run.V. .'."')7- I. 3C3..' feet,
thence xun .N. 00100'2.1- ".'.601.01 het to the point of curvature
ot a curve concave Ve.tlrLr havin9 a radlu. of 4CO.00 teet and a
central anvle of 40'J('1'~, t~enc.'ruo Northerly.alont'the arc of
.ald curve 307.'7) t,.et to t"h' :point of t.ngency, .thenoe ruo .M.
40.04'40. V.~24'.'2 f.et toY-a point of Inter..ot10n v1tb the
North 11ne of an 110;00 toot"vid. 'lorlda pover I:Llght eoap.nr
lal.~Qnti thlnce run~Ve.t along'th.:Nortb.l1ne of ..1d ......ft,
to the North..tt corner of'tot,C' of .ald Block 0, thene. ruo
Soutb alon9 tbe E..t.llnQ ~f~;ald.~t 41 to a polnt 00 the Worth
I1n' of NORTH OJlI.J.NOO ItANCH!S,.i SEC1'ION " tl\ence xun !ut alon~
the North 11n. of NORTH O~DO JWf~IS, SECTION' to the
Worth...t corner of NORTII OJlLANOO RANCHES, SEC'l'IOIf " thence run
Southerly alon9 the Ea.tlrlr I1ne of NORTfl ORLANDO RANCHES,
SECTION , to .the point of b,vlnn1ng. .
AND
.
.
A portion or ,he West 1.1S.00 rut or Lot 25. Block -OM. O.R. MITCHEU,'S
SUR VEY OF THE LEVY ORANT Iccordlnl to the pllt thereor IS recorded In
PIal book I, Pile S or ,he PubUc Records or Seroloolc Counl)', 'Florida.
descn"bed as ronows: .
Degin II the Nonhwest comer olllld Lot 2.S and Nn South alon, tho West line
otsaid Lot 25 (or I dlslAnco 0119.00 reel; thence run S 88-47'38- B (or a
diSlance of 190.51Ieel fO the point of curvature 01 I curve concave
Soulhwesfcrly. havln, . radIus 0125.00 feet and a central anale of 88-47'38.,
thence run Sou\herly .JOOllhe arc of .ard curve (or I dlstanco of 38.74 tw 10 a
pomt or cusp: thence run North Ilona the east Une 01 tho saId Ww. 215.00 (ut 01
Lot 2S tor ,dIstance or "8,01 (eeli thence Nn West alonllhe NOM Jlno of saId
LoI 2S tor I distance or 21 '.00 (UIIO the Point or BcgIMIn,.
.
PACE 2 or J
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OFFICIAL RE'&~
BOO\~
2824 \ 94$
SEti\NOLE co. FL~
.
,
:
AND
,
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,-
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The EUI 70.00 feel of the West 28S.00 feel o( Lol 2S, Block NO", D.R. g
MITCHELL'S SURVEY OFTIiE LEVY GRANT as recorded In Pial Book r. ~
p~&C j or the Public RecordJ of SemInole County, florida, LESS tho BaSI 5.00 r
(eel o! the Soulh 658.00 feel and LESS the West 5.00 (eel or the South 6.58.00
(eel thereof.
AND
A portion of Lot 2S, Block "0", O.R. MITCHELVS SURVBY OF TIm
LEVY GRANT ON LAKE JESSUP. as recorded In Plat Book I. 'Page S of
the Public Records of Seminole Counly, Florida, descn1>ed as foUows:
Begin at the Northeasl'comer of said Lot 25 and run Soulh along the East
line or said Lot 25 ror a distance of 10.91 reel: thence run S 89000.13" W
ror a distance of 5.00 feel 10 a point lying 11.00 reel S6ulh of the North
Jine or said Lot 25; thence run West parallel with and 1 J.OO reet Soulb of
the said North line ror . distance of J 85.00 feel 10 the poInt of curvature of
a curve concave Soulheaslerly having a radius of 2S.00 feet L'!d ! cen!!'!!
angle of 90000'00"; thence run Soulhweslerly along the arc of said curve
(or a distance of 39.27 feet 10 a point of cusp; thence run North atong the
Ea.U line of ahe West 285.00 reet or said Lot 25 ror a distance of 36.00 feet;
thence run East along the North line of said Lot 2S for. distance or 2J5.OO
reet 10 lhe POINT OF BEGINNINO,
AND
~SEKFJr1' PARCRr.1
....... --.
'tOGIITHER NlT1l '17/8 BENU'IJ'8 AI OBf'AINED IN 8'OlfAO~ D8DlEN,
BKTJl8Dt IIlllrERSPRlNa /,AND, Lf'D., .. ,r,OJUDA tlNlrED
PAR'l'NERSBl', JUfD 4J4 PARrNUSHI', A 'LOIUDA ODi~1UL
PAR'l'N8RSBll'" DAf'8D A8 or D8CD1B81t JiI, J',I, R8CO/u)8D "ANUARJ'
J, JI" lit O"ICIAI. RECORD BOOK 2()J(), PA()~ J4JJ, SDllNOL6
COUNrr RECORD8.
i
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lEGIBIlfl{ U\'&.IISFPC100~
, fOR MICffiRLMING
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