The URL can be used to link to this page

Home My WebLink AboutWinding Hollow Unit 2 , " / If ' ~-) DJsr) / ,).:/ ~ ~ :) ~ ~ ~ ~ .~" .' I ~ Q.; I,'" . , _.'-. . . . . THIS DOCUMENT PREPNRED BY l}._ND-AFTEP,-REC_9_RD_ING-RETlfI~~ ;~~ R t:= r Li P. N "To " !~,~ , Dc~AL):> R. L~LANG C, 'Pi Qs;. W\tS~\1 C;P~\NG.S \\~<o )";AST SF. 4'3.4- W \ l-\ tBR S~ nJ 6- ~) \=""L SCOTT E. WILT, ESQUIRE MAGUIRE, VOORHIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 f'0 '?/2"l~ ~ 3:0.) ------------------------------------------------------- z C> I m ("') C) ..,., r~ U1 WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, CO!\TJJ I T I ONd._lltlJ;;LBE..sJ'R I C'l; I OJjS iJLt! I T-.2J. THIS SUPPLEMENTAL DECLARATION, made on October , 1994, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general part:nership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the "Declarant." REC I~~k~ A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Winding Hollow Unit 2/ as per .plat thereof recorded in Plat Book ~, Page~'5-~ Public Records of Seminole County, Florida. hereinafter referred to as t.he "Sri.bject Property". B. Declarant has heretofore placed of Public Record that cert.ain Dt~claration of Covenants, Condi.tions and Rel;')trictions dated June 30, 1994, and recorded September 16, 1994, in Off"icial Records Book 2824, Page 1925 s;:t. sEN. / of .the Public Records of Seminole County, Florida, hereinafter referred to as the "Original Decla:r:ation" . C. The Subj ect Property lies wi .thin the Property, as described and defined in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subject Property will be developed into residential uses with lots, streets, stree.t lights, open spaces, and other common areas and improvements for the coo 0...." 0""" An >- r- :;a fT1 ("") -00 P::U C)CJ (TH.f) . 01 1...0 f'V -.J rJ I (Tl_.._ ;oJ A:P oS .., . J;:. ~~, ;::0 oM. ("'),; c::-': :::::j~ Oc.' rc. f'0 1.0 :::u ( CJ1 rTlr n: ::~ 0: -0 :;:0' ;;:0 ~ ( 0 rrt~ 1'.) CI' I'~~ I. ( -u <~ ::::. ",. P-J :;:0' 'i' ,::::> -. 'TT ..-",: ..'. .',.r e e . benefit of the Owners of the Subject Property, as such are reflected on the plat of the Subject Property. F. Declarant desires to provide for the preservation and enhancement of the property values and amenities and opportunities r~ in the Subject Property contributing to the personal and general 'UJ health, safety and welfare of the Owners and for the maintenance ~ CJ Common Areas within the Subject Property and, to this end, desir&e: W to annex the Subject Property to the scheme of the Origina23 Declaration and to the Properties, as described and defined in t~ Original Declaration, and to subject the Subject Property to thA covenants, conditions, restrictions, easements, charges and liens therein and hereinafter set forth, each and all of which shall ~ binding upon and run wi th the title to the Subj ect Property, and i!S '.r:- and are for the benefit of all of the Subject Property and each ~ Owner thereof. roo 0..." o ..." Ao :r> r ::0 fT1 ('"') -00 :r>::o CJC) fT1 (,f) G. Declarant has created a non-profit corporation, Winding Hollow Homeowners' Association, Inc., which shall administer and enforce the covenants and restrictions, and the collection and disbursement of assessments and charges described herein or in the Original Declaration. NOW, THEREFORE, the Declarant for itself and its successors and assigns, declares that the Subject Property is and shall be held, transferred, sold, conveyed, and occupied subj ec"t i:o the covenants, restrictions, easements, charges and liens (sometimes referred to as II covenants and restrictions ") contained in the Original Declaration and those hereinafter set forth. AR~ICLE I - DEFINITIONS The capitalized terms used in this Supplemental Declaration (unless the context shall otherwi se indicate) shall have the meanings set forth in the Original Declaration. ARTICLE II - ~ROPERTY SU~J~Q~ TO THIS SUPP~EMENTAL DECLARATION The Subject Property is and shall be held, transferred, and occupied subject to this Supplemental Declaration and the Original Declaration. The terms and prov~sions of the Original Declaration are hereby declared to encumber and benefit the Subject Property and each and every Owner thereof and said terms and provisions are incorporated herein by thi s reference as if set forth herein verbatim. Tracts B, C, D, E and F of the Subject Property are intended to constitute Common Area, as defined in the Original Declaration. This Supplemental Declaration is made pursuant to the terms of the Original Declaration for the purposes of annexing the Subject Property to the scheme of the Original Declaration and to the jurisdiction of the Association. ',' . lOW,' J t "II ,. ,. . , . e ACKNOWLEDGMENT BY MORTGAGEE STATE OF FLORIDA ) COUNTY OF ORANGE ) , I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County afor .sai to take acknowledgements, personally .apRear~ L well known to me to be the 7/.1- f'il_ ~ ~ of ANK OF CENTRAL FLORIDA, N.A., and that he acknowledged executing the foregoing Joinder of Mortgagee on behalf of the corporation in the presence of two subscribing witnesses freely and voluntarily under authority vested in him by said corporation. WITNESS my hanE and official seal in the County and State last aforesaid this -.....3~ day of ~~ ' 1994. ! 'l'7S-:- . N~ 4f!:z1r- Print Name :"'.'--' --------, Stephanie Ray SnyoEHf My Commission Expires: J ".'~~"~::J~~\1;;l (NOTf\ ".E~pl' :~? ~~,"~:":: " ".~t'~~~;;;l~'~"'/, ~'r""'l'."'" '''~!~''''~J """. S T t ~ ..,.... ......,... ,..a. _. 'Jf-l "e_ __~,'-,'!'-:~"!::, ~~ .......c, .... /'. "1- -_ .: '.' . ~.. """D Y'."'" ..;./ (:1';, .t. ~ ....~~ \'Y~~l<;'rE:<.;;:'r;~ : "'" ~ /. - Q ;0'; -c 1-':"'~;; . ~ ..' \ "..,.,,::: \ <-0....: Q .- ~/~ / ....'........ "r?/() ..........It--' ~)- ............ --,_ -4 .ll' ,." , .r!.{"U-t'''~HHl''~'~ . NOTARY PUBLIC, STATE OF FLORIDA. MY COMMISSION EXPIRES: l\1ar~h 17, 1995'.. BONDED THRU NOTARY PUBLIC UNDERWRITERS. f'V Cf)\..O ~a "::"'w :z: C) r- rr1 C') o -rt rCJ'1 o :0;";), ....,',.." ~~;,." -'- f:\real\846\pizzuti\windholo\suppdec.doc -6- 0:1(::>- a -:Tl O-:Tl ~n' )>. r- :::0 rrJ ("') ~~ CCJ fTJ,Cf) ..' . ' e e ARTICLE III - AMENDMENT BY DECLARANT The Declarant reserves and shall have the sole right to (a) amend this Supplemental Declaration for the purpose of curing any ambigui ty in or any inconsistency among the provisions cont'ained herein or between the provisions hereof and those of the Original Declaration, (b) include in any contract or deed or other instru~ ment hereafter made any additional covenants and restriction~ applicable to the Subject Property which do not lower the standardsz of the Original Declaration or this Supplemental Declaration, (c~ release any Lot from any part of the covenants and restriction~ contained herein which have been violated if the Declarant, in it~ sole judgment, determines such violation to be a minor or insubstantial violation; (d) amend this Supplemental Declaratio~' without vote or consent of the Owners in any manner which does not adversely affect the substantive rights of an existing Owner or first mortgagee; and (e) to amend this Supplemental Declaration during the fi rst two (2) years after same has been recorded to comply with the request of any mortgagee referred to in the Original Declaration. The foregoing amendments may be made without the joinder or approval of any Owner, Mortgagee or the Association. f'0 .''-0 C> W wC 0""" 0- =^C=' - f" ,. c-: -oc J>;c ;Z::-" C) C -.,J,., rnc.r ARTICLE IV - AMENDMENT Any provision, covenant, or restriction set forth herein may be amended in accordance with the Original Dec laration. Thi s~ Supplemental Declaration may not "be amended-- in anv manne],;:, ~s-to result in conflictwIth the terms of "the Original Declaration or of the Association Articles or Bylaws. - ....... ARTICLE V - DURATION AND TERMINATION The covenants and restrictions of this Supplemental Declara- tion shv.ll run with and bind the Subject Property, and shall inure to the benefit of and be enforceable by the Declarant, the Association or any Owner, their respective legal representatives, heirs, successors and assigns, for so long as the Original Declaration remains effective. Anything in this Supplemental Declaration to the contrary notwithstanding, until the mortgage or transfer of title by Declarant to the first Lot in the Subject Property, Declarant unilaterally may terminate this Supplemental Declaration and remove the Subject Property from the scheme of the Original Declaration. ARTICLE VI - ENFORCEABILITY Section 1. Remedies. If any person or entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, any Owner or the Association (a) -3- , e e t',! , . of WINDING HOLLOW DEVELOPMENT COMPANY, and that he acknowledged executing the foregoing Supplemental Declaration on behalf of the partnership in the presence of two subscribing witnesses freely and volun"tarily under authority duly vested in him by said partnership. 7J St?last L$r.f{)i};~ No~?r ' Public "~l Print Name: LLjlJN A. CJ:t;LSCl~ I My Commission Expires: <g'/7~CtJ o "'T1 ,.... f'0 \.0 C) W coo O-rj 0-" A'O WITNESS my ~artd and official seal in aforesaid this nr day of Octobe", 199 JOINDER BY MORTGAGEE :r> r ::0 fl1 ("") ~.~ G)CJ rrt U> .~ \.:0. BARNETT BANK OF CENTRAL FLORIDA, N.A., a national banking association, the owner and holder of that Mortgage dated February 25, 1994, recorded March 4, 1994, in Official Records Book 2737, Page 1567, PubU.c Records of Seminole Coun.ty, consents to the placing of the foregoing covenants, conditions and restrictions on the Subj Gct Property and further covenants and agrees that the lien of its rlIortgage is and shall stand subordinate to the said Supplemental Declaration and the Original Declaration therein referred to (except to the extent othen-rise provided in the Original Declaration) as if said covenants, conditions and restrictions had been executed and recorded prior to the recording of its Mortgage. IN WITNESS WHEREOF, BARNETT BANK OF CENTRAL FLORIDA, N .A., has caused these presents to be executed by its undersigned officer on .J~~~( i ,i:-994..19'1S- Signed, sealed and delivered in the presence of: BARNETT BANK OF CENTRAL FLORIDA, N.A. .41/J "./! ~. Prin.t Nan e: Bradley J. Carpenter 1'i tIe: VIC.E P R..E:.:5/ DENT -5- , " I ~ ' i) ~Ji,',';'/ /(lV '~i) ') ~ ~ ~ i~ ~ .ti~ ~ ~ ~.~ . . . 1 '(\ THIS DOCUMENT PREPAi>RE:D BY hJ'lD_f}FTEP>-REC.9_RD..ING ,-RfIT!Jl~ Rt=rup.N 'To ,,~', , l)Q~ALl> R. Le~LANG C\1'1 ~~ W\t-J~\2. S9\<-\NG.S \\'l~ )";:AST SF. 4'3.+ v.h t-.\lGR Sffi nJ 6. S J \=""L SCOTT E. WILT, ESQUIRE MAGUIRE, VOOR.HIS & WELLS, P.A. Two South Orange Avenue Orlando, Florida 32801 3~\~ ~ 3: W -- ...... --------~---------------------------------------------- o I rr1 (") o ..." r~ CJ1 WINDING HOLLOW SUPPLEMENTAL DECLARATION OF COVENANTS, COI\iD I T I ON[;L,h.tlP_EE SAR I C'I.' I O~S ..t!LtlIT-2J. THIS SUPPLEMENTAL DECLARATION, made on October , 1994, by WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, whose address is 250 East Broad Street, Columbus, Ohio 43215, hereinafter referred to as the lfDeclarant." REC I~hL_S. A. Declarant owns real property situate, lying and being in Seminole County, Florida, more particularly described as follows: Hinding Hollow Unit 2, as per .plat thereof recorded in Plat Book ~, Page~5-~ Public Records of Seminole County, Florida. hereinafter referred to as the "Sribj ect Property !I. B. Declarant has heretofore placed of Public Record that cert,ain Declaration of Covenants, Conditions and Re:::1trictions dated June 30, 1994, and recorded September 16, 1994, in Off'icial Records Book 2824, Page 1925 s;:t. s~., of 'the Public Records of Seminole County, Florida, hereinafter referred 'to as the "Original Decla:::atiollll . c. The Subject Property lies wi'thin the Property, as described and def~ned in the Original Declaration. D. Declarant reserved in the Original Declaration the right to annex additional properties into the scheme of the Original Declaration. E. It is contemplated that the Subject Property will be developed into residential uses with lots, streets, stree't lights, open spaces, and other common areas and improvements for the f'0 r::u 0 0-" 0-" :A- n :r> r- :;:;0 fT1 n -00 :1>::0 CJC) rr1 ()') - 01 \..D r'0 -.l CJ r rq_:;: ;;:J -" ?':P o;:c ..,. i. n ;;'c :xl ~- ("';,: c-.=-' =ic gs ." t. rv to :4)( CJ1 mr 0: ~~ 0:. --0 :;:0. ::::v 'f'"' <- '=' rrt~ 1'.) (:)' -u n^<i{ -"~ <~ --"" (Tl. l"..J ;;:J . '1- 0 'Tf ..--..: