HomeMy WebLinkAboutWinter Springs Unit 4
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NonCE OF RI:STJGCTIONS on }{EAL ESTATE
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K1\OW ALL HEN BY THESE PRESENTS:
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\o!l1ERE..6,.S. \o?inter Sprinbs Developrr.cnt Corporatlon. a Florida corporation,
ns nominee for Winter Spiings Venture, a joint vcntur~. hereinafter called
Developer, is the ~Jner of Imld in the County of Semino~c, State of Florida,
~orc particularly described as follows:
All of the lots in Hinter Springs, ~llit 4, r.-ccording to the plat
thereof as recorded in Plet Book la. Pages 6, 7 and 8, of the
PU91ic Records of Sem~nolc County, Florida.
a."1d
\o.'HEREAS, Developer desires that all of the ?bove descrihed real property
be subject to like r~strictions for the mutual benefit and protection'of its?lf
. and nIl persons. both renl and corporate, who hereafter nay purchase or acquire
said property or a~y part thereof, or any interest in or lien upon said property
or 2ny part thereof,
NOW, THEREFORE. in consideration of the prcoises, 'Developer docs hereby _
de~lare said real property to be subject to the foll~'ing restrictions, reserva-
tions and conditions, binding upon said Developer and upon each and every
person. both real and corporate, who or which sirall acquire hereafter said real
property or any part thereof, and their respective heirs, personal representativc~
successors and assigns, said restrictions, reservations and conditions being as
follCTW's:
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1. No lot shall be used except for residential purposes. No building shall
b~.!:~_s..t~ altered, placed or permitted to remaif! on any lot otFier than one ..-
detached single-family dwelling not to exceed two and one-half swfIes"-'lil'neight
and a private garage for at least t\o]O and not more than four cars .,...........'
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2. No building or structure shall be erected, placed or altered on any
lot until the constru~tion plens and specifications and a.plan showing the 10ca-
tion of the building or structure have been arproved by the A~chitectural Control
COf:")1;'.i t tee as to quality of workmanship and mat erials, harmony of external design
with existing structures, and as to location with respect to topography and
finish grade elevation.
. :->" 3. " The Archi tecturr.-l Cori trol Committee is comnosedof, 'i-li 1 liam J. Goodzan,
NOrT.l:1-:l A. Ross!:lan, P.oy T. Dye, and Geor~e Nader, all of 1301 \-.les t Colonial
Drive, Orlando, Florida. A ~ajority of the cOQIDittee mAY de~ignate a re?resenta-
!,tivetoact:-forit."" .In'the event. of deathor resignation of.2.ny":~neIilber of tre
co~mittee, the remaining ~e~bcrs shall have full authority to desitnatea
successor. Neit!-!er the u:e:nbers of trre cOiImittee, nor its desiznated re?re!>entuU,ve
6h~11 be entitled to any cOL:pcnsation for services performed pursuant to this
covcn~~t. At nny tinc, the then record o~~crs of a rr.~jority of the lots sh211
have the power through a duly recorded ~ritten instrument to change the me~bership
of the cou:=:ittee or to ;.:1thdra~ from the ccmrnittee or restore to it any of its
power and duties.
4. The co~~itteets approval or disapproval as required in these cove-:lants
shall be in ;,,'riting. In the event the ccnT.littee. or its designated repres2nta~
tive, fails to D?prOVe or disapprove ~ithin 30 days after plans and specifications
have been subnitted to it, or in zny event, if no suit to enjoin the construction
has been cot~enced prior to conpletion thereof. approval ~ill not be required
nnd the related covena.l1ts shall be cleen:ed to have been fully complied \-]ith.
5. Except for residences constructed on corner lots, toe rear and both
sides of all other residences may have exterior construction of concrete block.
On corner lots, all residences, including cetachcd structures. may t:.se standard
concrete block only on the rear and the side of the structuie not facing a strett .
The exterior construction on the fr0nt of all residences ~nd on the side of
residences located on corner lot~ thnt do face the street, shall either be s:nall
concrete block. brick, stucco or frDmc. or combination thereof. except that a
lArce concrete block ~ny be used if the same is of a type Gesigned to si~ul3te
'Wood siding. The ground floor area. exclusiw! of open porches and garR.?,cs. shall
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5. (cont.) be not less thnn 1.500 sqtl::lt"c f(>ct of livine area for II on0-
story dvJel1inE, nor less thno 800 square feet of livin!.; area on thc ground level
for a t'Wo or t,-]O and onc-half s tory dwelling, provided said dwelling has a
trJ.nimum of 1500 square feet of l:ivine ar.ca over all.
//' 6. 1;0 dvlclling shall be constructed on a plot having an ar.ea of leNS
I than 1S,OOO square feet, and such plot shall be not less than 80 feet ~n .'
I width at the front building set-back line. ~o d'Welling shall be erected
nearer than J5.. feet to the front: lot line nor farther than 60 feet from \
the front lot line. On Lots 412 to 419 inclusive and Lots 385 to 392 in- i
elusive nO dwelling shall be erected nearer than 50 feet to the front lot
line. Ho dwelling shall be erected nearer than' 10 feet to any interiC..~ !
lot line. The minimUfl distance between any and all d'..:cllings shall b ~...o. . I
On corner lots no d>lclling shall be erected nearer thaIl 25 feet to a ot ,. I
line facing a street. ~.
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7. No structure of a ten~orary character, trailer, basement, tent, shack,
garage, barn or other outbuilding shall be used on any lot at any time as a
residence either tewporarily or permanently.
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8. No noxious or offensive activity shall be carried on upon any lot,
nor shall anything be done thereo~ which may be or may become an annoyance or
nuisance to the neighborhood.
9. No animals, livestock or poultry of any kind shall be raised, bred or
kept on any lot, except that dogs, cats or other 'household pets may be kept pro-
vided that they are not kept, bred or maintained for ~~lY commercial purpose.
10. No sign of any kind shall be displayed to the public view on any lot ex-
cept "one professional sign of not more than one square foot, one sign of not more
than five square feet advertising the property for sale or rent, or signs used
by a builder to advertise the property during the construction and sales period.
11. No lot shall be used or maintained as a dumping ground for rubbish~
trash or other waste. All trash, garbage and other waste shall be kept in
s~nitary containers and, except during pick-up, if reouired to be placed at the
curb, all containers sllall be :,ept at the rec:r of all dHeliings out of sight from
the street. There shall be no burning of trash or any other waste materials.
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12.. No fence, wall, hedge or shrub planting which obstructs sight lin-2s
at elevations bet\.1een 2 and 6 feet above the roadways'sha11 be placed or per-
mitted to rer:lain on any corner lot 'wi thin the triangular area fo-:..-med by the
street property lines and a line connecting them at points 25 feet from the
intersection of the street lines. or in the case of a rounded property corner
from the intersection of the street property lines extende~. The same sight
line limitations shall apply on ~ny lot~ithin 10 feet from the intersection of
a street property line ",ith the edge of- a drivc<..;ray or alley pavement. No tree
shall be permitted to remain within such distances of such intersections unless
the folia~e line is maintained at sufficient height to prevent obstruction of
such sight lines.
13. No fence or wall shall be erected, placed or altered on any lot nearer
to any street than the minimum building set-back line. Prior to construction of
any fence or wall owner shall obtain approval of plans for fence or wall from
Architectural Committee.
14. All basketball backboards and any other fixed game and play structures
shall be located at the rear: of the dwelling. or on the inside portion of COG1cr
lots "lithin the set-back lines. Tree house or platforms of a like kind or nature
shall not be constructed on any part of a lot located in front of the rear line
o~a residence constructed thereon.
( 15A. Ahy sw:l.m!:ling pool, ccnst ructcd on any lot shall be subj ect to the
follO\rling res trict ions, reservat ions and cond1.eions:
,< (1) Constrl1cttcn !N1V be only of concrete or a concrete-type material.
, (2) The outside eor:,e of any pool "".:111 !:lay not be closer than four (4)
feet to n line extended and aliEned with the stde walls of the house.
(3) No screening of pool area may extend beyond a line extended and
aligned with the side walls of the' house.
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ISH. No nir condHioninr, unito, eJther centE:J '()T,~'J;llJ;iu;n~lt5, shllll be
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plticcd on the front of llny (~\,'('lUng 01" otherwise p] d,(:d1lb't located GO l1S to be
vi sib) c too r f r (!La D II Y pub 11 cst r c e t. T f s n i dun :l t 1- ~; P 1 n c f' d tot h e s:1 cl (> 0 r
rear of Dny ~lUcll t1\:clli,n1~,1.'\\t j~~ still vh;ible to or from <',ny public street,
it shall be permissible to so locate said unit if the same is screened or other-
wise appropriately concealed.
16. Once n lot has bEen sold by the said Developer, the salle, whether
improved or not, 5h311 be mnintained in good appe;::1"2,1CC <lnd free fror.1 overf,ro'_m
weeds ",nd fror;l rubbish. In the event any let is not so maintained, then the
seid D~veloper, its successors and/or assi~ns, shall have the right to enter
upon g.-fa, lot for the purpose of cuttinr, and removing such overgrown weeds R:1d
rubbis,", .:md the expense thereof shall be charged to and paid by the o'..rner of
such lot. If not paid by said owrner within thirty (30) days after being pro-
vided vlith a written notice of such charge, the sal1~e shall become a lien upon
said lot until paid and may be collected by an action to foreclose said lien, or
by an action at 1m.:, at the discretion of said Developer, its successors "od/or
assigns.
17. All clotheslines shall be placed at the rear of and within the area en-
cocpassed by a rearward extension of dIe sidelines of said dwelling.
18. No inoperative cars, trucks, trailers or other types of vehicles shall
be allo<~led to remain either on or adjacent to any lot for a period in excess of
forty-eight (48) hours, provided h~evcr. this prov:l.sion shall not apply to <emy
such vehicle being kept in <.111 enclosE~cl garage. There shall be no maj or repair
perfon:.cd on any Flotor vehicle on or adjace.nt to mij" lot in the subdivision.
Recrentio1131 vehicles, such as cc:...-::pers. boats, motor hotles, shall be, kept only
in rezl' of house ~lnd shall be adequately scre.ened from vie....
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19. Easements for installations and maintenance of utilities and drain-
age f.s.cilities are reserved as shmm on the recorded plat. Drainage easer:,cnts
are hereby reserved 2,5 follows: 7.5' drainage ease:r:ent along the rear of all
lots unless othenlise noted and except Lots 511 throut;h .2bl. inclusive; dr'ain-
age easeracnt within utility casement sho"m on plat on Lots 511 through 521,
inclusive; 7.5' drainage easement along the sides of all lots except those lot
lines abutting street rights-of-way and except Lots 511 through 521, inclusive.
Yithin these easements, no structure, planting or other material shall be
placed or permitted to renain \o,'h.ich may damage or interfere \'.'ith the installa-
tion and tnainteu2nce wh . eh ma cha!:. e the direction of a f10
o drainage chanr,els in the e2.sc.ments, or '.Jhich l:lay obstruct or 'retard the flow
Of.....T.later through dri1.i.n;:l~e chan;) " 1 5 in the easeG.lent~. The eas ement area of each
lot and all improvements in it shall be maintained continuous 1y by the mmer of
the lot, except for those ir;:provcments for '..-hieh a public authority or utility
company i~ respoDsible.
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A. The 12.ke which is located on the rear portion of Lots 542 through
554 inclu~ive, Lots 556 through 559 inclusive, Lots 561 through 573 inclusive,
and Lots 576 through 58Z'inclusive,. and which is labelled a.sdrainage easement
on the pL,t of subject subcliv:~siGn 5;1211 DC used only by small ple;.,su:-e cC:ift.
~ Wir'l'\lj pe.....ered 002,t5 or any kind 511:0311 be used eu this bedy of .,water. II~
structure or obstruction of nny sort shall be placed in the lake portion of the
drain2f,e easet:1e.nt.
20. w'here a building has been erected ot' the construction thereof is sue.-
6tantially advanced and it is sHuated on anv lot in such a manner that s.m;--
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constitutes a violation or violations of any of the above convenants, said
Developer, its successors and/or assigns, shall have the rifht at any ti~e to
release such lot or portions thereof frot:1 such part of the provisions ef any of
said conver.ants as are violated, previded ~ hO'..,rever. that said Developer, its
successors ~nd/or assi~ns, shall not release a violation or violations of any of
said covcnnnts except as to violations they, in their tole discretion. dcterrJine
to. be. mtoor, and the pO'..:er to release any such lot or portions thereof fror:'\ such
a violation or violations shall be depcndent on a detennination by theLl that such
violation or violations are minor. . .
21. At any tirlC' the then owners of tit least fifty-one (51%) percent of
the lots may ch8n~c these covenants in whole or in part by executing written
instruDcnt makin~ said changes and have the smnc duly recorded in. the Public I
Records of Seminole County, Florida. However, any s~ch amendment sl1a11 not apply
to any lots O\o.'ncd by Developer unless Developer h<:'tJ joined in silid am0ncli,:cnt. The.
llbovc shall not apply, hm;ever, ns snnlC pertt\in~ to set back lines fron any front,
interior, sIde, rear, or side street let line, and the said Developer, specifically
reserves unto it!;r-lf And it:) ',l1ccc.ssors and/or 8ssirns the <ll1thoritv to change
said f;ct bock Hoc3 tit any time prjar to the constn.lction of a residence dwelling,
l'cEnr:dlc~~f; of the number of lots (t',Jned by it in Hnid ~)ubdiv18ion.
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22. These covenants arc to nm with the lUll}q,,9!l9,J~l\qrtDe binding on all
pnt'tics and nIl pcrso:1B cJ [1jming under them for aFpi;,nt<\d of thirty years from the
clute these covcn2nts are recorded. after ~~ich time said covenants shall be
8utoDntically extended for successive periods of ]0 years unless an instrumctt
be signed by 11 majority ot' the then o...:ners of the lots has been recorded, agree-
ing to change said COVCDl1nts in whole' or in purL
23. Enforcement shal) be by proceedings at law or in equity against any
person or persoDs violating or attempting to violate any covenant either to
restrain violation or to recover damages.
It is expressly understood and agreed that all costs, including
reasonable at.torney' s fees, incurred by any moving party in any legal proceed-
ings which result in the successful enforcement of any covenant or restriction
contained in this Notice shall be borne in full by the defendant in such proceed-
ings.
24. Invalidation of anyone of these covenants by judgment or court order
shall in no ...,ay affect any of the other provisions which shall remain ,,:tn,,,full,.
force and effect. "",\ \,\j~" c','~ """ .
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IN WITNESS ,.;rHEREOF we have hereunto set our hands and seals
january 1973.
t!1is ,4,.rh day o'{.' 0_
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WINTER SPRINGS DEVEI.OPMENT CORPORATION ,', n) u) - :....~../
as nominee for WIl'<"TER )71UNGS VENTURE'-""\~Ol~,~"~e~~,~re
ADf!Pd!J' 1ft ,,() ,Ch /J ~...'''' ..n"'"
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By: ,,../.,,, ., r'Y \<,L~'''''''/r'' (./'-1""""'----
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Attest. t1(?1.....,~OC'7_.~-=""'~~c,'c:.=.-,..==---
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Secretary'
WIl'NES S ES: ~~---,
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STATE OF FLORIDA
COUNTY OF O~~ GE
I HEREBY CERTIFY TIiAT on this day, before ~e, an officer duly authorized in
the S'IATE and COmITY aforesaid to take acknowledgements, personally appf;ared
\1illiF.m J. Good;;:an and N. A. Rossman. ..'ell knm..'11 to me to be the President a'nd
"Secretary respectively of Winter Springs Development Corporation , and that. they'
severally ac:Zno\.:lco;ed executing the ....:ltoresaid instruT:lent in the presence of
subs (;d.bing witnesses, freely and vol unt<lrily, under authori.ty duly ves ted in
them by said corporation and that the seal affixed thereto is the tru~"CQt"P,orate
seal of said Corporation. .c'-":", ~~ ~ ,,;"~'"~
WITNESS my hand and official seal in the County and State af9r~sA~d this 0", '.
4th day of January 1973. ;' -;:/ -' 'In .' "::\}'
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Notary Public " . - ,,':-.'
Hy ComnissiC'rl Expires: 3/ /JUt, /975 N~TM1Y PI'.... ,r c"""'" ror\', ~Rl""lIX~.t,RG~ '
, I- MY COMMISSION [XPIf1ES .C\u.... 31,l,9i,5 _ .
GENERAllNSURANGE UNDLkWRllt.f\S, I.~.c.--
NOTE: The Architectural Control Committee will insist that no
garage doors face any street and that the gar8ge shall
not project beyond the front line of the basic building.
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NEWMAN D. BROCK
GARY E. MASSEY
FRANKLIN T. WALDEN
O. H. EATON, JR.
BROCK, MASSEY, WALDEN & EATON
ATTORNEYS AND COUNSELLORS AT LAW
WINTER PARK FEDERAL BUILDING
355 EAST SEMORAN BOULEVARD
ALTAMONTE SPRINGS, FLORIDA 32701
TELEPHONE
(305) 834-8111
March 30, 1978
Mr. Ray Bradshaw, Building Inspector
City of Winter Springs
Winter Springs, Florida 32707
Re: Paragraph 6 Unit 4 Deed Restrictions
Dear Ray:
In our discussion of last week in regards to your inter-
pretation of Paragraph 6 Unit 4 of the Deed Restrictions as I
understand the situation there is a home being built on a corner
lot in Tuscawilla. You have interpreted the Deed Restrictions
to require that on the street which the house faces there must
be a setback of 35 feet and on the street which does not have
the house facing thereto the setback is 25 feet.
I have studied the restrictions in question and although
they are somewhat ambiguous, I agree with your interpretation
thereof. Therefore, there must be a setback of 35 feet on the
street which the house generallyfuces and a setback of 25 feet on
the other street.
If I can be of any further assistance to you in this
matter, please do not hesitate to contact me.
(~
SSEY
GEM/lw
cc: Hon. Troy Piland, Mayor, City of Winter Springs
Members of the City Council, City of Winter Springs
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NOTICE OF ADDITIONAL
RESTRICTIONS ON REAL ESTATE
STATE OP FLORIDA
COUNTY OF SEMINOLE
K..~OW ALL MEN BY THESE PRESENTS:
That, 'the undersigned is'the owner of the following
described prop~rty, located in Seminole County, Florida, more
particulazly described as follows:
Lots 571, 572, 573, 576 And 577, WINTER SPRINGS
UNIT IV, according to the plat thereof dS
. recorded in Plat Book 18, Pages 6, 1 ~nd 8,
" Seninole County, Florida.
h~REAS, the undersigned is desirous of placing these
additional restrictions on the above described.real estate.
NOW, THERE~ORE, in consideration of the covena'nts
~ contained h~rein and for Ten Dollars ($10.00) and other good
k and valuable consideration, the receipt whereof is hereby .
:1.. aCknowledged, the fOllowing additional restrictions are hereby.
S ~ .:~.~ ~ placed upon the above described property: . " .
- ;'; :c .5 ~ 1. No permanent structure, fence, out-shed, shed,
~ :~ '. ~: '.-. garage, or a~y other structu::e, pf. any type or nature, shall
'0..' : ~ be placed on the above descr~bed property wi~hin the platted
0.; . ," ;. areas designated as drainage easement, which would diminish or
g ~1 "~ '":.~ impair the view of surrounding property owners.
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.IQ ~ .;~. " 2 ~ These additional restrictions on real estate
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f;: '.j ~ are in addition to previous restrictions on real estAte ,which
~~. ~ffect tlle subject property And Are not meant to diminish the "-
~ force or efficacy of any restrictions previously placed Upon
H the subject property.
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3.Theae restrictions are to run with the land And .
shall be binding on all parties p.nd all persons Claiming under
them for a period of thirty (30) years from the date that .
these restrictions and Covenants Are placed of record, after
which time said restrictions shall be automatically extended
for successive periods of ten (10) years' unless an instrument
signed by a majority of the then owners of the &ubject lots,
has been recorded agreeing to change auf!d covenants in whole
or in part. . I .
4. . tnforcement shall be by proceedings at law or 1Q
equity against any person or persons violating or attempttng ~.:
violate any Covenant either to re8~rain violation'. or tc),,' ....\..
recover damages. :. .
. IN WIWESS WHEREOF, we have hereunto set OUr h4ands 0
and seals this ~ day of September, "2977. . , I,
Signed, Sealed and
Delivered in the Presence
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Secret/U"y
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March 16, 1978
Mr. and Mrs. Richard Colgate
1007 Deer Run
Maitland, Florida 32751
Re: Restrictions on Real Estate
Dear Mr. and Mrs. Colgate:
In reference to our telephone conversation recently, I
am enclosing a copy of the recorded Notice of Additional Restrictions
on Real Estate, which includes your residence, lot 577. You will
note this was recorded in Official Records Book 1140, pages 459-460,
October 3, 1977. By copy of this letter, I am sending Mr. Bradshaw
a copy of the recorded instrument.
Sincerely,
fmc
~ENTI. AL COMMUNITIES
~
Mary rail
OF AMERICA, INC.
Enclosure as stated
cc (with enclosure):
~r. Roy Bradshaw, City of Winter Springs
Residential Communities of America, inc.
.. · 158 E. Altamonte Dr.! AltamonteSprings, Fla.32701/Telephone(305)830- 0001
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STATE OP FLORIDA
COUNTY OF {JlaTl,\v
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BEFORE RE, the undersigned Authority, parsonally
appeared ROY T .DYE and A. E. BLAIR, to tile well known, and :'
known to mc to ~e the individu~la described in and who executed
the foregoing infitrurr.ent as President and Secretary re8pectivel~
of the above named Winter Springs Development Corporation,. .
A corporation, and severally acknowledged to and before ce
that they executed such instrwnent as such officli;lrf> of said
corporation, and that the seal affixed to the foregoing instru-
ment is the corporate seal of said corporation', ar.a that it .'
was affixed to said instrument by due and regular corporate
authority, and b;at said instrument is the free act and deed
of said corporation.
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NOTARY P~BLIC
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WITNESS my hand and official seal, this
day of Septer.mer, 1977.
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My COmmi6sion expires:
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