HomeMy WebLinkAboutWinding Hollow Unit 3
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THIS DOCUMENT PREPARED BY
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SCOTT E. WILT, ESQUIRE
MAGUIRE, VOORHIS & WELLS, P.A.
Two South Orange Avenue
Orlando, Florida 32801
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WINDING HOLLOW
SUPPLEMENTAL DECLARATION OF COVENANTS,CO
CONDITIONS AND RESTRICTIONS en
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(UNIT 3) -J
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THIS SUPPLEMENTAL DECLARATION, made as of May 22, 1996, by en
WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, .
whose address. is 250 East Broad Street, Columbus, Ohio 43215,
hereinafter referred to as the "Declarant."
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RECITALS
A. Declarant owns real property situate, lying and being in
Seminole County, Florida, more particularly described as follows:
Winding Hollow Unit 3, as per plat thereof
recorded in Plat Book 'SO , Page \-;-15, Public
Records of Seminole County, Flori~
hereinafter referred to as the "Subject Property".
B. Declarant has heretofore placed of Public Record that
certain Declaration of Covenants, Conditions and Restrictions dated
June 30, 1994, and recorded September 16, 1994, in Official Records
Book 2824, Page 1925 et seq., hereinafter referred to as the
"Original Declaration", and the Supplemental Declaration of
Covenants, Conditions and Restrictions for Unit 2, dated October
19, 1994, and recorded April 12, 1995, in Official Records Book
2903, Page 1145 et seq., hereinafter referred to as the "Unit 2
Supplemental Declaration", all of the Public Records of Seminole
County, Florida,
C. The Subject Property lies within 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 Subj ect Property will be
developed into residential uses with lots, streets, street lights,
open spaces, and other common areas and improvements for tile
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~. 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
in the Subject Property contributing to the personal and general
health, safety and welfare of the Owners and for the maintenance of
Common Areas within the Subject Property and, to this end, desires
to annex the Subj ect Property to the scheme of the Original
Declaration and to the Properties, as described and defined in the
Original Declaration, and to subject the Subject Property to the
covenants, conditions, restrictions, easements, charges and lie~x
therein and hereinafter set forth, each and all of which shall n~
binding upon and run with the title to the Subject Property, and ~
and are for the benefit of all of the Subject Property and eaCh
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G. Declarant has created a non-profit corporation, Windi~
Hollow Homeowners' Association, Inc., which shall administer and
enforce the covenants and restrictions, and the collection and
disbursement of assessments and charges described herein orin the
Original Declaration.
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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 subject to the
covenants, restrictions, easements, charges and liens (sometimes
referred to as "covenants and restrictions") contained in the
Original Declaration and those hereinafter set forth.
ARTICLE I - DEFINITIONS
The capitalized terms used in this Supplemental Declaration
(unless the context shall otherwise indicate) shall have the
meanings set forth in the Original Declaration.
ARTICLE II - PROPERTY SUBJECT TO THIS SUPPLEMENTAL DECLARATION
The Subject Property is and shall be held, transferred, and
occupied subject to this Supplemental Declaration and the Original
Declaration. The terms and provisions 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 this reference as if set forth herein
verbatim. Tracts A and B 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 Subj ect
Property to the scheme of the Original Declaration and to the
jurisdiction of the Association.
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
ambiguity in or any inconsistency among the provisions contained
herein or between the provisions hereof and those of the Original
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,Declaration! (b) include in any contract or deed or other instru-
ment hereafter made any additional covenants and restrictions
applicable to the Subject Property which do not lower the standards
of the Original Declaration or this Supplementa~ Declaration! (c)
release any Lot from any part of the covenants and restrictions
contained herein which have been violated if the Declarant! in its
sole judgment! determines such violation to be a minor or
insubstantial violationi (d) amend this Supplemental Declaration
without vote or consent of the Owners in any manner which does nQt
adversely affect the substantive rights of an existing Owner &
first mortgageei and (e) to amend this Supplemental Declarati~
during the first two (2) years after same has been recorded ~
comply with the request of any mortgagee referred to in t~
Original Declaration. The foregoing amendments may be made wi tho1.l,1f
the joinder or approval of any Owner! Mortgagee or the Associatiov.r.
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ARTICLE IV - AMENDMENT
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Any provision! covenant! or restriction set forth herein may
be amended in accordance with the Original Declaration. This
Supplemental Declaration may not be amended in any manner as to
result in conflict with 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 shall 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)
to prosecute proceedings for the recovery of damages against those
so violating or attempting to violate any such covenant or
restriction! or (b) to maintain a proceeding in any court of
competent jurisdiction against those so violating or attempting to
violate any such covenant or restriction! for the purpose of
preventing! or enjoining all or any such violations or attempted
violations. The remedies contained in this provision shall be
construed as cumulative of all other remedies now or hereafter
provided by law or this Supplemental Declaration or the Original
Declaration. The failure of the Declarant! its successors or
assigns! or the Association or an Owner! to enforce any covenant or
restriction or any obligation! right! power! privilege, authority
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~ or reservation herein contained, however long continued, shall in
no event be deemed a 'waiver of the right to enforce the same
thereafter as to the same breach or violation, or as to any other
breach or violation thereof occurring prior - to or subsequent
thereto.
Section 2. Severability. The invalidation of any provision
or provisions of the covenants and restrictions set forth herein by
judgment or court order shall not affect or modify any of the other
provisions of said covenants and restrictions which shall remain in
full force and effect.
IN WITNESS WHEREOF, Declarant has caused this Supplemental
Declaration to be executed in its name and its seal to be affixed
hereto the day and year first above written.
Signed, sealed and delivered
in the presence of:
WINDING HOLLOW DEVELOPMENT m
COMPANY, a Florida gener~
partnership ~
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By: Pizzuti Equities/ Inc./ g
a Delaware corporation/ as
managing general partnei? ~
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Signature
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Slgnature
Print Name: 1n~,.1< u/. !</cKc,.
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BY'~~
Name, RicB Da ey -
Title: Vice President
ACKNOWLEDGMENT BY DECLARANT
Fl.rido..
STATE OF OIlI&-
COUNTY OF ~:RMmLnl
()"~e.
I HEREBY CERTIFY that on this day/ before me/ an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared Richard C. Daley, Vice
President of Pizzuti Equities, Inc., the managing general partner
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
voluntarily under authority duly vested in him by said partnership.
WITNESS my hand and official seal in the County and State last
aforesaid this :2::Znd day of jt,1~1 / 1996.
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(NOTARY
NIKI HETESY
Notary Public, State of Florid~
My Comm. Exp. Sept. 12. 199i
Comm. No. CC 314979
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Notary Public
Print Name:
My Commission Expires:
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THIS DOCUMENT PREPARED BY
'MirE' ;J'Ej'q'RK 1PiI!:C6~13IW81~,El'~ TO:
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SCOTT E. WILT, ESQUIRE
MAGUIRE, VOORHIS & WELLS, P.A.
Two South Orange Avenue
Orlando, Florida 32801
-.,.
WINDING HOLLOW
SUPPLEMENTAL DECLARATION OF COVENANTS,CO
CONDITIONS AND RESTRICTIONS en
N
(UNIT 3) -.J
-.J
THIS SUPPLEMENTAL DECLARATION, made as of May 22, 1996, by ~
WINDING HOLLOW DEVELOPMENT COMPANY, a Florida general partnership, .
whose address is 250 East Broad Street, Columbus, Ohio 43215,
hereinafter referred to as the "Declarant."
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RECITALS
A. Declarant owns real property situate, lying and being in
Seminole County, Florida, more particularly described as follows:
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Winding Hollow Unit 3, as per plat thereof
recorded in Plat Book 'SO , Page "~'15", Public
Records of Seminole County, Flori~
hereinafter referred to as the "Subject Property".
B. Declarant has heretofore placed of Public Record that
certain Declaration of Covenants, Conditions and Restrictions dated
June 30, 1994, and recorded September 16, 1994, in Official Records
Book 2824, Page 1925 et seq., hereinafter referred to as the
"Original Declaration", and the Supplemental Declaration of
Covenants, Conditions and Restrictions for Unit 2, dated October
19, 1994, and recorded April 12, 1995, in Official Records Book
2903, Page 1145 et seq., hereinafter referred to as the "Unit 2
Supplemental Declaration", all of the Public Records of Seminole
County, Florida,
C. The Subject Property lies within 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 Subj ect Property will be
developed into residential uses with lots, streets, street lights,
open spaces, and other common areas and improvements for tile
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