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This
is a copy of the original covenants for Granada Villas. Other documents
are available through the links above.
The
Orange County Record and page numbers are provided at each new page for
reference. Originals of these documents are available through Vista Community
Management or at the Orange County Admin. Bldg.
2141517
ORANGE COUNTY
Jun 14 4:43 PM '84
O.R. 3518 PG. 155
DECLARATION
OF COVENANTS AND RESTRICTIONS
FOR GRANADA VILLAS, ORANGE COUNTY,
FLORIDA AND NOTICE OF PROVISIONS OF
GRANADA VILLAS HOMEOWNERS' ASSOCIATION, INC.
THIS DECLARATION
OF COVENANTS AND RESTRICTIONS FOR GRANADA VILLAS, ORANGE COUNTY, FLORIDA
AND NOTICE OF PROVISIONS OF GRANADA VILLAS HOMEOWNERS' ASSOCIATION, INC.
(hereinafter referred to as the "Declaration"), made this 20th day of
January, 1984, by MARCENT FLORIDA, INC., a Florida corporation, with the
principal mailing address of Post Office Box 2206, Orlando, Florida 32802
(hereinafter referred to as the "Declarant")
WITNESSETH:
WHEREAS, the Declarant is the sole record owner in fee simple absolute
of certain real property located in Orange County, Florida, more particularly
described in the legal description attached hereto as Exhibit "A" and
incorporated herein (which property shall hereinafter be referred to as
the "Property"); and
WHEREAS,
the Declarant caused the Property to be subdivided into a subdivision
which has been platted as Granada Villas, Phase One (hereinafter referred
to as "Granada Villas One," which plat has been recorded in Plat Book
13 at Page 18 through --------of the Public Records of Orange County,
Florida, and
WHEREAS,
it is the intention of the Declarant to develop the Property as a subdivision
of sixty-two (62) "Dwelling Units," and appurtenant improvements; and
WHEREAS,
it is the intention of the Declarant to develop additional parcels of
property as subsequent phases of Granada Villas subdivision and to incorporate
those additional phases into this Declaration by subsequent recorded instrument;
and
WHEREAS,
Declarant desires to provide for the preservation of the values and amenities
in said planned development subdivision and for the maintenance of parks,
recreation areas
O.R.
3518 pg. 156
and facilities,
open space, green belt areas, drainage areas and other common facilities
as may be specifically designated on the plat of Granada Villas One and
to this end, desires to subject the Property to the covenants, restrictions,
easements, charges and liens hereinafter set forth, each and all of which
is and are for the benefit of the Property and each subsequent owner of
all or part thereof; and
WHEREAS,
Declarant has deemed it desirable, for the efficient preservation of the
values and amenities in said planned development subdivision to create
a homeowners' association to which should be delegated and assigned the
powers of maintaining and administering the common area properties and
facilities; administering and enforcing the covenants and restrictions;
and collecting and disbursing the assessments and charges hereinafter
created; and
WHEREAS,
Declarant has incorporated under the laws of the State of Florida, a nonprofit
corporation, GRANADA VILLAS HOMEOWNERS' ASSOCIATION, INC. (hereinafter
referred to as the "Association"), for the purpose of exercising the functions
aforesaid;
NOW THEREFORE,
the Declarant hereby declares that all of the Property 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 Property and shall bind
all parties having any right, title or interest in the Property or any
part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE
I
EFFECT
OF DECLARATION
This Declaration
shall impose upon the Property certain restrictions, covenants and conditions
and the Property shall be held, sold and conveyed subject to the following
easements, which are for the purpose of protecting the value and
O.R.
3518 pg.157
desirability
of, and which shall run with, the Property and shall bind all parties
having any right, title or interest in the Property or any part thereof,
their heirs, successors and assigns, and shall inure to the benefit of
each owner hereof.
ARTICLE
II
DEFINITIONS
Section
1. "Association" shall mean and refer to Granada Villas Homeowners'
Association, Inc., a Florida corporation not for profit, its successors
and assigns.
Section 2. "Property" shall mean and refer to that certain
real property described on the Plat of Granada Villas One and on Exhibit
"A" attached hereto.
Section 3. "Common Area" shall mean all real property including
the improvements thereon owned by the Association for the common use and
enjoyment of the "Owners." The term Common Area shall also include any
intangible personal property acquired by the Association, if such property
is designated as such by the Association, and shall also include all recreational
facilities constructed or to be constructed. The term Common Area shall
not include the entire drainage system of the Property which is dedicated
on the plat of Granada Villas One to orange County for the purpose of
vesting in Orange County the necessary ownership and responsibility to
operate and maintain the surface water management system. Said drainage
system to be dedicated to Orange County shall include but not be limited
to, all pipes, retention areas, swales and inlets. All Common Areas are
to be devoted to and intended for the common use and enjoyment of the
members of the Association, their families, guests, persons occupying
"Dwelling Units" on a guest or tenant basis, and to the extent designated
on recorded plats or authorized by the Board of Directors of the Association.
The Common Area at the time of the conveyance of the first "Lot" or "Dwelling
Unit" is described as Tracts B, C, D, E, F, G, H, I and J on the plat
of Granada Villas One. The
O.R.3518
pg. 158
ownership
of the Common Area within the Property shall be determined by the Declarant.
For purposes of determining ownership of property within the Common Areas,
the boundaries or any extension of the boundaries so as to cause closure
as shown on the plat of Granada Villas One, or on subsequent plats of
the subdivision Community, as hereinafter defined, filed of Public Record
shall be conclusive. The completed Common Area together with any streets,
roadways, driveways or parking areas designated by the Declarant as the
property of the Association, if any, shall be conveyed to the Association
free and clear of encumbrances at such time as determined by Declarant,
in its sole discretion.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon the plat of the Property with the exception of any Common Area,
street, roadway, driveway, parking area, or other area dedicated to Orange
County or to public use.
Section 5. "Dwelling Unit" shall mean and refer to a portion
of a Lot, as defined herein, with a building constructed thereon, which
building is designed and intended for use and occupancy as a residence
susceptible to ownership in fee simple as a non~condominium, whether such
residence is free standing or connected by party wall or by any other
structural element to one or more other residences, and as to which building
a certificate of occupancy has been issued by the applicable governmental
authorities. The term "Dwelling Unit" shall include not only the portion
of a Lot containing a structure thereon, but shall also include the patio,
lawns, driveways and other portions of each Lot susceptible to ownership
in fee simple as a non-condominium in connection with each residence constructed
thereon. There shall he two or more Dwelling Units contained within each
Lot shown on the Plat of Granada Villas One.
Section 6. "Declarant" shall mean and refer to Marcent
O.R.3518
PG.159
Florida,
Inc., a Florida Corporation.
Section 7. "ARC" shall mean and refer to the Architectural
Review Committee appointed in accordance with Article VI of this Declaration,
whose duties shall be as set forth in said Article VI.
Section 8. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any
Lot or Dwelling Unit which is a part of the Property, including contract
sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 9. "Member" shall mean and refer to any' Owner.
Section 10. "Subdivision Community" shall mean and refer to
Granada Villas One, together with any portions of the additional property
described on Exhibit "B" attached hereto, which portions are annexed pursuant
to Article X, Section 6 of this Declaration or other additional property
not described on Exhibit "B" attached hereto which is annexed pursuant
to Article X, Section 5 of this Declaration and platted as subsequent
phases of the Granada Villas Subdivision Community.
ARTICLE
III
PROPERTY RIGHTS
Section
1. Owner's Easements of Enjoyment. Every Owner shall have a
right and easement of enjoyment in and to the Common Area which is the
property of the Association, which right and easement of enjoyment shall
be appurtenant to and shall pass with the title to every Lot or Dwelling
Unit, 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 situated
upon the Common Area which is the property off the Association;
(b) The right of
the Association so suspend the voting rights and right to use of the
recreational facil-
O.R.
3518 PG. 160
ities by an Owner for any period during which any assessment
against the Owner's Lot or Dwelling Unit 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 dedicate or transfer all or any part of the Common
Area to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the Members.
Section
2. Any owner may delegate, in accordance with the Bylaws, 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 Property.
ARTICLE
IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section
1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each Dwelling Unit owned within the Property, hereby
covenants, and each Owner of any Dwelling Unit, by acceptance of a deed
therefore, whether or not it shall be so expressed in any such deed or
other conveyance, shall be deemed to covenant and agree to pay to the
Association (1) annual assessments or charges; (2) special assessments
for capital improvements, such assessments to be fixed, established, and
collected from time to time as hereinafter provided. No such charges shall
be assessed for any Lots within the Property not improved to constitute
Dwelling Units, as defined herein. The annual and special assessments,
together with such interest thereon and costs of collection thereof as
hereinafter provided, shall be a charge on the land, shall be a continuing
lien upon the Dwelling Unit against which each such assessment is made,
together with such interest thereon and the cost of collection thereof
as hereinafter provided, and shall also be the personal obligation of
the person who was the owner of such Dwelling Unit at the time when
O.R.3518
PG. 161
the assessment
fell due. The personal obligation for delinquent assessments shall not pass
to successors in title unless expressly assumed by them. Notwithstanding
anything contained herein to the contrary, the obligation shall be joint
and several as to the Owner in the event that the Owner constitutes more
than one person or entity.
Section 2. Purpose of Assessments. The assessments levied
by the Association shall be used exclusively for the purpose of implementing
the corporate purposes and powers of the Association and promoting the recreation,
health, safety and welfare of the residents of the Property, including,
but not limited to, the maintenance of lawns and landscaping the payment
of taxes on the Common Area and insurance thereon and repair, replacement,
and additions thereto, and for the costs of labor, equipment, materials,
management, signage, maintenance, landscaping and supervision thereof. In
the event that the Board of Directors of the Association determines that
landscaping and/or maintenance of any areas dedicated to Orange County is
in the best interests of the Subdivision, and said landscaping and/or maintenance
is not provided by Orange County by means of a Municipal Service Taxing
Unit as provided in Article VIII, Section 21 hereof or otherwise, the Board
of Directors shall also be entitled to levy a special assessment or utilize
the annual assessments for the purpose of providing such landscaping and/or
maintenance.
Section 3. Basis and Maximum of Annual Assessments. Until January
1 of the year immediately following the conveyance of the first Dwelling
Unit to an Owner, the maximum annual assessment by the Association for each
Dwelling Unit for which a Certificate of Occupancy has been issued, or any
similar governmental approval permitting occupancy of a Dwelling Unit, shall
be EIGHT HUNDRED FORTY AND NO/lOO DOLLARS ($840.00) per Dwelling Unit.
(a)
From and after January 1 of the year immediately
O.R.3518
PG. 162
following the conveyance of the first Dwelling
Unit the maximum annual assessment by the Association may not be increased
each year more than fifteen percent (15%) cumulative, above the maximum
assessment for the previous year without a vote of approval by a majority
of the total cumulative votes cast by Class A and Class B Members of the
Association, voting in person or by proxy, at a duly called for such purpose.
Notwithstanding the foregoing, in the event that additional Common Area
is provided for the Subdivision Community by virtue of the recording of
subsequent plats of the Subdivision Community or otherwise, then the maximum
annual assessment may be increased by the Board of Directors of the Association
by an amount in excess of fifteen percent (15%), cumulative, above the
maximum assessment for the previous year, without a vote of the membership
of the Association.
(b) The Board of Directors
of the Association may, after consideration of current maintenance costs
and future needs of the Association, fix the annual assessment for any
year at a lesser amount than the maximum and may fix the assessment for
each calendar year and may increase the maximum assessment by as much
as fifteen percent (15%), cumulative, over the maximum amount set for
the previous calendar year. If the Directors do not so raise the assessment
by fifteen percent (15%) in any one year, the difference between the fifteen
percent (15%) maximum and the actual percentage increase in assessment
in any given year may be accumulated and used in subsequent years by the
Board of Directors.
(c) Both annual and special assessments by the Association
must be fixed at a uniform rate for all Dwelling Units and may be collected
on a monthly, quarterly or annual basis as evidenced by resolution of
the Board of Directors of the Association.
OR
3518 PG. 163
(d) Notwithstanding the foregoing to the contrary, the Association
shall have the right to make special assessments for Dwelling Units on
a non-uniform basis for such matters as are specifically set forth in
this Declaration including but not limited to the items set forth in Sections
10, 18, and 20 of Article VIII of the Declaration.
Section
4. Special Assessments for Capital Improvements. In addition
to the annual assessments authorized by Section 3 hereof, 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 or reconstruction, repair or replacement of a described
capital improvement upon the Common Area which is the property of the
Association, including the necessary fixtures and personal property related
thereto, provided that such assessment shall have the assent of a majority
of the cumulative votes cast by Class A and Class B Members who are voting
in person or by proxy at a duly called for this purpose, written notice
of which shall be sent to all Members not less than thirty (30) days in
advance and not more than sixty (60) days in advance of the meeting and
shall set forth the purpose of the meeting.
Section 5. Change in Basis and Maximum of Annual Assessments.
Subject to the limitations of Section 3 hereof, and the periods therein
specified, the Association may change the maximum and basis of the assessments
fixed by Section 3 hereof prospectively for any such period provided that
any such change shall have the assent of a majority of the total cumulative
Class A and Class B Members who are voting in votes cast by Class A and
Class B Members who are voting in person or by proxy, at a meeting duly
called for that purpose, written notice of which shall be sent to all
Members not less than thirty (30) days in advance and not more than sixty
(60) days in advance of the meeting and shall set forth the purpose
O.R.3518 PG. 164
of the meeting.
Section 6. Quorum for any Action Authorized Under Section
4 and 5. The quorum required for any action authorized by Sections 4 and
5 hereof shall be as follows: At the first meeting called, as provided
in Sections 4 and 5 hereof, the presence at the meeting of Members of
the Association, or of proxies, entitled to cast a majority of all the
cumulative votes of both classes of membership combined shall constitute
a quorum. If the required quorum is not forthcoming at any meeting, another
meeting may be called, subject to the notice requirements set forth in
Sections 4 and 5 and the required quorum at any such subsequent meeting
shall be one-third (1/3) of the total cumulative votes of both classes
of membership, provided that no such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Annual Assessments; Due
Dates The annual assessments provided for herein shall commence on the
first day of the month following the conveyance of the Common Area. The
first annual assessments shall be made for the balance of the calendar
year and shall become due and payable on the day fixed for commencement.
The assessments for any year, after the first year, shall become due and
payable on the first day of January of said year. As provided in Section
3, subparagraph (a), the assessments may be collected on a payment schedule
set by the Board of Directors of the Association. The amount of the annual
assessment which may be levied for the balance remaining in the first
year of assessment shall be an amount which bears the same relationship
to the annual assessment provided for in Section 3 hereof as the remaining
number of months in that year bears to twelve (12) The due date of any
special assessment under Section 4 hereof shall be fixed in the resolution
authorizing such assessment.
Section 8. Duties of the Board of Directors. The Board
O.R.3518
PG. 165
of Directors
of the Association shall determine the amount of the assessment against
each Dwelling Unit for each assessment period at least thirty (30) days
in advance of such date or period and shall, at that time, prepare a roster
of the properties and assessments applicable thereto which shall be kept
in the office of the Association and shall be open to inspection by any
Owner. Written notice of the assessment shall thereupon be sent to every
Owner subject thereto. The Association shall, upon demand, and for a reasonable
charge, furnish to any Owner liable for said assessment, a certificate
in writing signed by an officer of the Association, setting forth whether
said assessment has been paid. Such certificate shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
Section 9. Effect of Nonpayment of Assessment. The Personal
Obligation of the Owner; the Lien; Remedies of Association. If the assessments
are not paid on the date when due ( being the dates specified in Section
7 hereof ), then such assessment shall become delinquent and shall, together
with such interest thereon and cost of collection thereof as hereinafter
provided, thereupon become a continuing lien on the Dwelling Unit which
shall bind such Dwelling Unit in the hands of the then Owner, the Owner's
heirs, devisees, personal representatives and assigns. The personal obligation
of the then Owner to pay such assessment, however, shall remain the Owner's
personal obligation. If the Owner is comprised of more than one (1) person
or entity, the elements comprising the Owner shall be jointly and severally
liable for the obligation to pay such assessment. If the assessment is
not paid within thirty (30) days after the due date, the assessment shall
bear interest from the due date at the maximum rate of interest permitted
by law per annum1 and the Association may bring an action at law against
the Owner personally obligated to pay the same or to foreclose
O.R.3518
PG. 166
the lien
against the Dwelling Unit, and in the event a judgment is obtained, such
judgment shall include interest on the assessment as above provided and
a reasonable attorneys' fee to be fixed by the Court, together with the
costs of action.
Section 10. Subordination of the Lien to Mortgages. The
lien of the assessments provided for herein shall be subordinate to the
lien of any institutional first mortgage or mortgages now or hereafter
placed upon the Dwelling Unit subject to assessment; provided, however,
that such subordination shall apply only to the assessments which have
become due and payable prior to a sale or transfer of such property pursuant
to a decree of foreclosure, or any other proceeding in lieu of foreclosure.
Such sale or transfer shall not relieve such property from liability for
any assessments thereafter becoming due, nor from the lien of any such
subsequent assessment.
Section 11. Exempt Property. The following property subject to
this Declaration shall be exempted from the assessments, charge and lien
created herein:
(a) All properties to the extent of any easement
or other interest therein dedicated and accepted by the local public authority
and devoted to public use.
(b) All Common Areas
as defined in Article II, Section 3 hereof.
(c) All properties exempted from taxation by the laws of
the State of Florida, upon the terms and to the extent of such legal exemption.
Notwithstanding any provisions herein, no land or improvements devoted
to dwelling use and containing residences thereon shall be exempt from
said assessments, charges or liens.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section
1. Membership. Every person or entity who is
OR
3518 PG. 167
record owner
of a fee simple interest or undivided interest in fee simple in any Lot
or) Dwelling unit shall be a Member of the Association: provided, that
any such person or entity who holds such interest merely as a security
for the performance of an obligation shall not be a member. No Owner's
tenants shall be Members.
Section 2. Voting Rights. The Association shall have two classes
of membership:
Class A. Class A Members shall be every person or entity who is
a record owner of a fee simple or undivided fee simple interest in any
Dwelling Unit which is subject by this Declaration to assessment by the
Association, excluding the Declarant. A Class A Member shall he entitled
to one (I) vote for each Dwelling Unit owned by such Member and in no
event shall more than one (1) vote be cast with respect to any such Dwelling
Unit,
Class B. The Class B Member shall be the Declarant and shall be
entitled to five (5) votes for each Dwelling Unit, or portion of a lot
suitable for the construction of one (1) Dwelling Unit thereon, owned
by the Declarant. The Class B Membership shall terminate and become converted
to Class A Membership at such time as the total votes outstanding in the
Class A Membership equals the total votes outstanding in the Class B Membership.
ARTICLE
Vl
EASEMENT RESERVED TO DEVELOPER
Section
1. Easement Over Common Area. For a term of ten (10) years from the
date of execution hereof, the Declarant hereby reserves unto itself a
perpetual easement over, upon, under and across all Common Areas as aforesaid,
shown on the recorded subdivision plat of the Property or subsequently
recorded plats of the Subdivision Community, together with the right to
grant easements to others and such easements shall include, but shall
not be limited to, the right to use the said
OR
3518 PG. 168
Common Area
to erect, maintain and use electric and telephone poles, wires, cables,
conduits, sewers, water mains, television cable and other suitable equipment
for the conveyance and use of electricity, telephone equipment, gas, sewer,
water, television cable system or other public conveniences or utilities,
drainage, surface water management and the right to cut any trees, bushes
or shrubbery, make any gradings of the soil, or take any other similar
action reasonably necessary to provide economical and safe utility installation
or to provide for drainage and to maintain reasonable standards of health,
safety and appearance, the right to locate wells, pumping stations and
tanks, the right to erect and maintain landscaping, and the right to erect
and maintain signage; provided, however, that said reservation and right
shall not be considered an obligation of the Declarant to provide or maintain
any such utility or service.
Section 2. Easement over Lots and Dwelling Units. The Declarant
hereby reserves unto itself the right to grant to each individual Owner
of a dwelling Unit and his authorized agents a perpetual easement over
each adjoining Lot or Dwelling Unit, which easement shall be solely for
the limited purposes of performing exterior maintenance on said Owner's
Dwelling Unit and in furtherance of ARC approved construction in the patio
area of said Owner's Dwelling Unit. This limited easement shall not interfere
with the reasonable use of any Dwelling Unit as a residence. The use of
said limited easement by each Owner or his authorized agent shall be further
governed by the terms and conditions of Article VIII, Section 18 of this
Declaration. For a term of ten (10) years from the date of execution hereof,
the Declarant hereby further reserves unto itself the right to grant a
perpetual easement to itself or any other entity over that portion of
every Lot and Dwelling Unit not containing a structure thereon for such
other purposes as are deemed appropriate by Declarant for the betterment
of the
OR
3518 PG. 169
Subdivision
Community. This right shall remain in the Declarant whether or not any
such Lot or Dwelling Unit has been conveyed to another party and regardless
of whether this right is stated in the deed of conveyance. The Declarant
shall not be entitled to grant easements over any particular Dwelling
Unit in such a manner so as to interfere with the reasonable use of said
Dwelling Unit as a residence.
Section 3. Lawn and Landscaping Maintenance. All lawn and landscaping
maintenance, except as excluded hereunder, shall be provided by the Association.
The Association shall not provide said maintenance for any areas walled
or fenced in; for the patio area of any Dwelling Unit; and unless determined
otherwise by the Board of Directors, for those areas dedicated to Orange
County on the plat of Granada Villas One or subsequently recorded plats
of the Subdivision Community, or dedicated in any other manner to Orange
County. Any and all costs incurred by the Association in performing maintenance
under this Section, including, but not limited to, the costs of the establishment,
installation and maintenance of a lawn and landscape watering system as
provided for under ARTICLE VIII Section 22 herein, shall be paid out of
assessments levied by the Association; provided, however, that if an Owner
erects a fence or wall on his Dwelling Unit, then the Association shall
not have the obligation for lawn maintenance within said fenced or walled
area nor shall there be any reduction in the maintenance assessments with
respect to said Dwelling Unit. If damage to the lawns or landscaping,
other than ordinary wear and tear, is caused by the Owner, his agents,
guests, or invitees or others whose presence is authorized by the Owner,
the Association shall have the right to impose a special assessment against
said Owner to pay for such extraordinary costs. Such assessment shall
in every respect constitute a lien on the Dwelling Unit as would any other
assessment or special assessment by the Association. The Association shall
OR 3518 PG. 170
have the
right to enter upon any Lot or Dwelling Unit for the purpose of lawn and
landscaping maintenance as provided in this section, and any such entry
by the Association or its agents shall not be deemed a trespass.
Section 4. Establishment of Easements. All easements, as provided
for in this Article, shall be established by one or more of the following
methods, to wit:
(a) By a specific designation of an easement on the recorded
plat of Granada Villas One, and/or other subsequently recorded plats of
phases of the Subdivision Community;
(b) By a reservation or specific statement providing for an easement in
the deed of conveyance of a given Lot or Dwelling Unit; or
(c) By a separate instrument executed by the Declarant referencing this
Article VI, said instrument to be subsequently recorded by the Declarant.
(d) By a grant or reservation of such easement in this Declaration or
in a Supplemental Declaration as defined in Section 5 and 6 of Article
X.
ARTICLE
VII
ARCHITECTURAL CONTROL
No landscaping,
building, fence, wall or other structure shall be commenced, erected or
maintained upon any Lot or Dwelling Unit, nor shall any exterior addition
to or change or alteration therein be made, nor shall any draperies, blinds,
curtains, shades or reflective window covering which are visible from
the outside of any residence be installed, unless it is in compliance
with the zoning code of Orange County, Florida, and other applicable regulations
and until the plans and specifications showing 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
OR
3518 PG. 171
by the Board
of Directors, or by the Architectural Review Committee (ARC).
The ARC shall
be composed of at least three (3) Members appointed by the Association.
However, so long as ten (10) or more Dwelling Units and/or portions of
the Lots within the subdivision Community suitable for the construction
of one (1) Dwelling Unit thereon remain titled in the Declarant, or within
ten (10) years of the date of this Declaration, whichever shall last occur,
the Declarant shall be entitled to appoint all members of the ARC and
any successor members. The Association or Declarant may appoint nonmembers
of the Association to the ARC. The members of the ARC shall be appointed
for staggered three (3) year terms, provided, however, the initial members
of the ARC appointed by the Declarant shall serve so long as Declarant
has the right to appoint all members of the ARC. In the event of death,
resignation, inability to serve, or other vacancy in office of any member
of the ARC, the Association or the Declarant (whichever then has the power
to appoint) shall promptly appoint a successor member who shall serve
for the duration of the unexpired term of the member whom he replaced.
The membership, rules of procedure and duties of the ARC shall be prescribed
by and, from time to time, changed or modified by the Association.
Any Owner
needing the approval of the ARC shall deliver an application or request
for action to the ARC by certified mail with return receipt requested
or by hand delivery with signed receipt together with a floor plan, elevation,
site clearing plan and abbreviated specifications, including exterior
material and colors. As soon as reasonably possible, the ARC shall indicate
its approval or disapproval of the matters required to be acted upon by
them by a written instrument filed with the Secretary of the Board of
Directors of the Association, and served personally or by certified mail
upon the Owner and all interested parties, identifying the proposed
OR
3518 PG. 172
building
or structure and the reasons for such disapproval. The decision of the
ARC may be appealed to the Board of Directors of the Association within
ten (10) days of the date after which the ARC makes its written decision
as provided hereinabove. If there is no appeal within ten (10) days, then
the decision of the ARC is final. Said appeal shall be effected by delivering
a letter to the Association by certified mail with return receipt requested
or by hand delivery with signed receipt, which said letter shall specifically
identify the decision of the ARC with respect to which the appeal is being
taken. The Board of Directors of the Association shall take action on
such appeal and either approve or disapprove the decision of the ARC as
soon as reasonably possible.
ARTICLE
VIII
GENERAL RESTRICTIONS
Section
1. General Restrictive Covenants. The general restrictive covenants
contained in this Article shall apply uniformly to all Lots, and uniformly
to all Dwelling Units of the subdivision Community, unless otherwise set
forth herein.
Section 2. Residential Use Only. No Lot or Dwelling Unit shall be
used for any purpose except residential. The term "residential" is intended
to prohibit any commercial use, including professional office use, of
any portion of any Lot or Dwelling Unit. No building shall be erected,
altered, placed or permitted to remain on any Lot or Dwelling Unit other
than buildings designed for residential use, private garages, accessory
buildings and structures such as swimming pools and screened enclosures.
The foregoing shall not prohibit the Declarant from using Dwelling Units
as models or offices.
Section 3. No Temporary Structures. No structure of a temporary
nature or character, including, but not limited to, a trailer, house trailer,
mobile home, camper, tent, shack, shed, barn, or other similar structure
or vehicle, shall be used or permitted to remain on any Dwelling Unit
as a storage facility
OR 3518 PG. 173
or residence,
or other living quarters whether temporary or permanent unless approved
by the ARC for use during construction only.
Section 4. Parking Restrictions. No automobile, truck, boat, boat
and trailer, trailer, house trailer, mobile home, camper, or other similar
vehicle shall be parked on the street, including right-of-way thereof,
overnight or for a continuous period of time in excess of four (4) consecutive
hours.
Section 5. Storage Restrictions. No unmarked automobile shall be parked
for any period of time in excess of four (4) consecutive hours or stored
or otherwise permitted to remain on any Dwelling Unit except in a garage
attached to a residence or within the confines of a paved driveway leading
from the street adjoining a Dwelling Unit to the doorway of a garage attached
to a residence. No automobile which contains lettering or advertising
thereon or which is identified with a business or commercial activity,
truck or other commercial vehicle, house trailer, mobile home, camper,
boat, boat and trailer or trailer shall be parked for any period of time
in excess of four (4) consecutive hours or stored or otherwise permitted
to remain on any Dwelling Unit except in a garage attached to a residence
with the garage door closed.
Section 6. Livestock and Animal Restrictions, No livestock, poultry,
or animals of any kind or size shall be raised, bred, or kept on any Dwelling
Unit or in any residence; provided, however, that dogs, cats, or other
common domesticated household pets may be raised and kept; provided such
pets are not kept, bred or maintained for any commercial purposes. Such
permitted pets shall be kept on the Owner's Dwelling Unit and shall not
be allowed to roam free in the subdivision Community or on to any other
Owner's property. No permitted pet shall be allowed to make noise in a
manner or of such volume as to annoy or disturb other Owners.
Section 7. Restriction on Activity. No obnoxious or
OR
3518 PG. 174
offensive
activity shall be conducted or permitted to exist upon any Dwelling Unit,
or in any residence, nor shall anything be done or permitted to exist
on any Dwelling Unit or in any residence that may be or may become an
annoyance or private or public nuisance.
Section
8. Restriction on Potable Water Wells. For a period of thirty (30)
years from the date of this Declaration, no wells for the production of
potable water shall be dug or used or permitted to be dug or used on the
Property, except for shallow wells to be used solely for the irrigation
of plants and lawns and not for drinking purposes. The restriction in
this Section 9 shall be for the benefit of Orlando Utilities Commission,
its successors and assigns and may be enforced in accordance with Article
X, Section 1 by Orlando Utilities Commission, its successors and assigns.
The provisions of Article X, Section 4 shall not apply to the restrictions
set forth in this Section 9.
Section 9. Antenna Restrictions. No one shall be permitted to install
or maintain on any Lot, Dwelling Unit or structure any outside television
or radio antennae, disc, mast, aerial or other tower for the purpose of
audio cc visual reception or transmission. This restriction shall not
serve to prohibit Declarant or the Association from installing an antenna
or satellite antenna disc, or contracting with a third party to install
such antenna, for the purpose of providing master or cable television,
radio, or other electronic service to the Owners in the subdivision.
EDITORS NOTE: ANTENNA RESTRICTIONS NOT VALID BY FCC RULING
Section 10. Aesthetic and Safety Control. In order to implement
effective insect, reptile and fire control, the Association shall have
the right, but not the duty, to enter upon any Lot or Dwelling Unit, such
entry to be made by personnel with tractors or other suitable devices,
for the purpose of mowing, removing, clearing, cutting or pruning underbrush,
weeds or other unsightly growth, which in the
OR 3518 PG. 175
opinion
of the Association detracts from the setting and safety of the Subdivision
Community. Such entrance for the purpose of mowing, cutting, clearing
or pruning shall not be deemed a trespass but shall be deemed a license
coupled with an interest. The Association and its agents may likewise
enter upon such land to remove any trash which has collected on such Lot
or Dwelling Unit without such entrance and removal being deemed a trespass.
The provisions in this Section shall not be construed as an obligation
on the part of the Association to mow, clear, cut or prune any Lot or
Dwelling Unit nor to provide garbage or trash removal services. The costs
incurred by the Association in exercising its rights under this Section
shall constitute a special assessment against the Owner of the Lot or
Dwelling Unit and shall in every respect constitute a lien against said
Lot or Dwelling Unit as would any assessment or special assessment.
Section 11. Signs. No commercial signs, including "For Rent," "For
Sale" and other similar signs, shall be erected or maintained on any Lot
or Dwelling Unit except with the written permission of the Association
or except as may be required by legal proceedings it being understood
that the Association will not grant permission for said signs unless their
erection is reasonably necessary to avert serious hardship to the property
Owner. If such permission is granted, the Association shall have the right
to restrict size, color and content of such signs. Property identification
and like signs exceeding a combined total of more than two (2) square
feet may not be erected without the written permission of the Association.
This restriction shall not apply to restrict Declarant or its agents from
erecting such signs as Declarant deems in its sole discretion to be necessary
to assist Declarant in selling any Dwelling Unit.
Section 12. Allowable Trim. No owner or tenant of an Owner shall
install shutters, awnings, or other decorative
O.R.3518 PG. 176
exterior
trim, except small exterior decorations such as address plates and name
plates without the prior written approval of the ARC.
Section 13. Restrictions on Hedges, Fences or Walls. No hedge,
fence or wall shall be planted, placed, altered, maintained, or permitted
to remain on any Lot or Dwelling Unit unless and until the height, type
or location, materials and manner of construction thereof have been approved
by the ARC in accordance with Article VII hereof. There shall be no chain
link fence of any height placed on any Lot or Dwelling Unit except that
if, and only if, required by Orange County, Florida, chain link fencing
may be erected abutting drainage retention ponds.
Section 14. Solar Panels. No solar panels shall be installed in
the front or on the side of any residence constructed on a Lot or Dwelling
Unit, or at the rear of any such residence in such a manner as to extend
beyond the side of any such residence so as to be visible from the front
of the Dwelling Unit. Solar panels may only be installed on the rear of
the Dwelling Unit. Provided, however, if the ARC determines that suitable
screening exists, or that the installation sought is of a nature which
would not detract from the Subdivision Community, then the ARC may approve
a non-conforming installation after receipt of a detailed set of plans
showing site, location, color and material of construction, and a written
request for such non-conforming installation.
Section 15. No Clothes Lines. There shall not be erected on any Lot or
Dwelling Unit a clothes line, clothes pole, or other devise which has
as its intended purpose or principal use the hanging of clothes or other
articles to dry or air unless the same is erected within a screened enclosure
and is not visible from the street or any Lot or Dwelling Unit.
Section 16. Street Side Mail Boxes. No Owner or tenant of an Owner
shall erect a street side mail box until and unless
O.R.3517 PG. 177
the same
has been first approved in writing by the ARC.
Section 17. Party Walls and Common Driveways. All common or party
walls and common driveways, if any, shall be maintained by the Owners
of those residences adjoining a party wall or served by a common driveway,
subject to the right, but not the obligation, of the Association to maintain
the same as hereinafter set forth. If an Owner or an Owner's agent, tenant,
guest or invitee damages a party or common wall or common driveway, or
causes damage to the person or property of an adjoining Owner or tenant
as a result of damage to a party or common wall or common driveway arising
from the negligence or intentional acts of said Owner or his agent, tenant,
guest or invitee, then the Owner who caused or whose agent, tenant, guest
or invitee caused said damage shall be liable and responsible for the
damages to and costs of repair of the party wall or common driveway and
to the adjoining Owner or tenant for the damages to their person or property,
and for any costs incurred by the Association or the adjoining Owner or
tenant in the collection thereof, including reasonable attorneys' fees.
All costs of reconstructing a party wall or common driveway in the event
such party wall or common driveway is destroyed or damaged in a manner
other than as set forth hereinabove shall be borne equally by the Owners
of the residences adjoining such party wall or served by such common driveway.
In the event one Owner bears the entire expense for reconstruction of
a party wall or common driveway, then in such event the Owner of the adjoining
residence shall pay to the Owner who reconstructed the party wall or common
driveway one-half (1/2) of the expense incurred in that reconstruction.
Either adjoining Owner and the Association shall have the right to enter
on the other adjoining Lot or Dwelling Unit and into the adjoining residence,
after notice for the purpose off reconstructing a party wall or common
driveway.
Either adjoining
Owner shall have an equal right to use a
O.R.
3518 PG. 178
party wall
for the support of structural members of a residence to be constructed
on either adjoining Lot or Dwelling Unit and a common driveway for access
to each Lot or Dwelling Unit served thereby. This right shall be subject,
however, to payment by the Owner seeking to tie into the party wall of
any costs involved in tying into the party wall and payment of any damage
occasioned therefrom.
Each party
wall shall be subject to an easement of support for adjoining Dwelling
Units subject to payment of costs as provided above and shall be subject
to an easement for conduits, ducts, plumbing, wiring and other facilities
for the furnishing of utility services to adjoining Dwelling Units.
Section 18. Exterior Maintenance. Each individual Owner shall have
the responsibility to maintain the exterior of their respective Dwelling
Unit and residence. In the event the exterior of said Dwelling Unit or
residence is damaged in such fashion so as to create a health or safety
hazard to adjoining Dwelling Units or to create a nuisance or to be unsightly
and not in keeping with the quality of the Subdivision Community and such
damage is not repaired within thirty (30) days from the occurrence of
the damage, then in such an event, the Association shall have the right
to make reasonable repairs to the exterior of such Dwelling Unit or residence
and shall be entitled to make a special assessment against the Owner of
the Dwelling Unit for the costs of such repairs. Provided further, if
an Owner or an agent of said Owner, either intentionally or negligently
damages any portion, including the lawn, of any Lot or Dwelling Unit so
as to create a health or safety hazard to adjoining Dwelling Units or
to create a nuisance or to be unsightly and not in keeping with the quality
of the Subdivision Community, as determined by the Board of Directors,
whether such damage occurs as a result of utilization of each Owner's
easement for exterior maintenance and patio construction, as set forth
in Article VI, Section 2, or
O.R.3518
PG. 179
otherwise,
then the Owner who caused or whose agent caused said damage shall be liable
and responsible for the repair of the same. In the event such damage is
not repaired within thirty (30) days from the occurrence of the damage,
then in such an event, the Association shall have the right to make reasonable
repairs to the Lots or Dwelling Units so damaged, and shall be entitled
to make a special assessment against the responsible Owner for the costs
of such repairs. Such assessment shall in every respect constitute a lien
on the Dwelling Unit as would any other assessment or special assessment
by the Association.
Section 19. Access at Reasonable Hours. For the sole purpose of
performing the lawn and landscaping maintenance, exterior maintenance,
when required as set forth above, maintenance to party walls, or any other
repairs authorized by this Declaration, the Association, through its duly
authorized agents, contractors or employees shall have a license which
shall be exercisable after reasonable notice to the Owner to enter upon
any Lot or Dwelling Unit or exterior or interior of any residence at reasonable
hours on any day of the week.
Section 20. Insurance on Dwelling Units NO LONGER REQUIRED TO DELIVER
COPY OF HAZARD INSURANCE SEE FIRST AMENDMENT ATTACHED HEREIN An owner
shall have an affirmative duty to promptly repair a Dwelling Unit damaged
either intentionally or negligently by said Owner or his tenant, guest,
or invitee, even in the event said damage is not insured against by said
policy, and shall further have said affirmative duty to promptly repair
a Dwelling Unit
OR
3518 PG. 180
damaged
by any hazard insured against by said policy. In either event, if an Owner
of a Dwelling Unit tails to commence repairs of a Dwelling Unit within
thirty (30) days after funds from said insurance policy either are made
available for repair, or are denied by the insurer, then the Association
shall be entitled, but not obligated, to make repairs utilizing the portion
of the insurance funds allotted for that Dwelling Unit for such repairs,
if any, and shall be entitled to levy a special assessment against said
Dwelling Unit for any costs of repairs in excess of the allocated insurance
funds. The Association shall have the right, but not the duty, to maintain
a master insurance policy on all Dwelling Units which policy, if obtained,
shall be paid for from special assessments levied against the Owners by
the Association. Said policy shall be with an insurance company chosen
by the Association and shall be in an amount sufficient to replace the
entire structure or Dwelling Unit (not including interior furnishings
and contents) if such loss is caused by the named perils in the insurance
policy. The Association shall be the named loss payee on said policy.
Proceeds from the policy shall be paid into a special fund to be controlled
by the Association for the purpose of reconstructing Dwelling Units. The
Association shall be entitled to apportion said funds for reconstruction
in the manner it deems necessary.
Section 21. Municipal Service Taxing Units. The Property shall
be subject to Municipal Service Taxing Units for drainage and lighting,
and may be subject to Municipal Service Taxing Units for widening of Apopka-Vineland
Road, and/or for landscaping maintenance of those areas dedicated to Orange
County on the plat of Granada Villas One or subsequently recorded plats
of the Subdivision Community, or dedicated in any other manner to Orange
County, whether such Municipal Service Taxing Units exist on the effective
date of this Declaration or are created in the future at the request of
the
OR
3518 PG. 181
Declarant
or at the direction of Orange County. The Declarant reserves unto itself
and all Owners grant to the Declarant the right to request formation of
Municipal Service Taxing Units for drainage and lighting purposes, and
for the widening of Apopka Vineland Road, and landscaping maintenance
for those areas dedicated to Orange County, and to subject the Lots, and
Dwelling Units to the taxes imposed thereby. Each individual Owner of
a Lot or Dwelling Unit, by acceptance of the deed of conveyance therefore,
hereby agrees to their Lot or Dwelling Unit being subjected to Municipal
Service Taxing Units or other similar entities or devices for such purposes,
and to the taxes imposed thereby, and hereby agrees to support requests
for the same to be formed and hereby agrees to not object thereto, whether
verbally or in writing.
Section 22. Easement for Lawn and Landscape Watering System. The
Declarant reserves unto itself an easement for the establishment, installation
and maintenance of a lawn and landscape watering system over, upon, under
and across any portion of any Lot or Dwelling Unit. This easement shall
exist for so long as this Declaration is effective. Declarant shall not
be entitled to install said lawn and landscape watering system over any
particular Dwelling Unit in such a manner so as to interfere with the
reasonable use of said Dwelling Unit as a residence. The easement reserved
in this Section 22 shall be in addition to and shall not substitute for
the easement reserved to the Declarant in Article VI.
Section 23. Septic Tanks. Each Lot shall contain one or more septic
tanks, each of which septic tank shall serve one or more Dwelling Units
within said Lot. All septic tanks shall be maintained by the Owners of
those Dwelling Units served by said septic tanks subject to the right
of the Association to maintain the same as hereinafter set forth. If an
Owner or an Owner's tenant, guest or invitee causes damage to a common
septic tank, or causes damage to the person or property of an
OR
3518 PG. 182
adjoining
Owner or tenant as a result of damage to a septic tank, then the Owner
who caused or whose tenant, guest or invitee caused said damage shall
be liable and responsible to the Association for the damages to the common
septic tank and to the adjoining Owner or tenant for the damages to their
person or property, and for any costs incurred by the Association or the
adjoining Owner or tenant in the collection thereof, including reasonable
attorneys' fees.
All costs
of maintaining and repairing a common septic tank in the event such septic
tank is destroyed or damaged in a manner other than as set forth hereinabove
shall be borne equally by the Owners of the residences served by such
common septic tank. In the event one Owner bears the entire expense for
such repairs, then in such event the Owner of the adjoining residence
shall pay to the Owner who repaired the septic tank one-half (1/2) of
the expense incurred in said repairs. Either adjoining Owner shall have
the right to enter on the other adjoining Lot or Dwelling Unit for the
purpose of repairing a common septic tank.
ARTICLE
IX
COVENANTS AGAINST PARTITION AND SEPARATE TRANSFER OF MEMBERSHIP RIGHTS
Recognizing
that the full use and enjoyment of any Lot or Dwelling Unit located in
the Subdivision Community is dependent upon the right to the use and enjoyment
of Common Areas and the improvements made thereto, and that it is in the
interests of all of the Owners that the right to the use and enjoyment
of the Common Areas be retained by the Owners of Lots and Dwelling Units,
it is therefore declared that the right to the use and enjoyment of any
Owner in the Common Areas shall remain undivided, and such Owners shall
have no right at law or equity to seek partition or severance of such
right to the use and enjoyment of the Common Areas. In addition there
shall exist no right to transfer the right to the use and enjoyment of
the
O.R.3518
PG. 183
Common Areas
in any manner other than as an appurtenance to and in the same transaction
with, a transfer of title to a Lot or Dwelling Unit in the Subdivision
Community. Provided, however, that nothing herein shall preclude a conveyance
by the Declarant herein of any undivided interest in the Common Areas
to the Owners of Lots or Dwelling Units within the Subdivision Community
for the purpose of effectuating the intent of this Declaration. Any conveyance
or transfer of a Lot or Dwelling Unit in the Subdivision Community shall
include the right to use and enjoyment of the Common Areas appurtenant
to such Lot or Dwelling Unit subject to reasonable rules and regulations
promulgated by the Declarant or the Association for such use and enjoyment,
whether or not such rights shall have been described or referred to in
the deed by which said Lot or Dwelling Unit is conveyed.
ARTICLE
X
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 any of the aforesaid to
enforce any covenant or restrictions herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants
or restrictions by judgment and court order shall in no wise affect any
other provisions which shall remain in full force and effect.
Section 3. Covenants to Run With the Land. The restrictions and
burdens imposed by the provisions and covenants off this Declaration shall
constitute covenants running with the land, and each shall constitute
an equitable servitude upon the Owner of each Lot or Dwelling Unit and
the appurtenant undivided interest in the Common Areas and upon the heirs,
OR
3518 PG. 184
personal
representatives, successors, and assigns of each Owner, and the same shall
likewise be binding upon the Declarant and its successors and assigns.
This Declaration shall be binding and in full force and effect for a period
of twenty (20) years from the date this Declaration is recorded, after
which time this Declaration shall be automatically extended for successive
ten (10) year periods, except if terminated by a vote of ninety percent
(90%) of the total cumulative number of votes of both classes of Members
of the Association.
Section 4. Amendment of Declaration. The Declarant hereby reserves
the right to amend, modify or rescind such parts of this Declaration as
it, in its sole discretion, deems necessary or desirable for as long as
it is a Class B Member of the Association. At such time as the Declarant
becomes a Class A Member of the Association as provided in Article IX,
Section 2 hereof, this Declaration may be amended by an instrument signed
by not less than seventy-five (75%) of the Members of the Association)
provided that any amendment which would affect the surface water management
system, including the water management portion of the Common Areas, must
have the prior approval of the South Florida Water Management District.
Any amendment must be recorded to become effective.
Section 5. Annexation. Additional residential property and Common
Area not included within the boundaries of the additional property described
on Exhibit "B" attached hereto may be annexed to the Property with the
consent of the Members of the Association holding a majority of the total
cumulative votes held by both classes of Members. Said annexation may
be effectuated by Declarant within twenty (20) years from the date of
recording this Declaration by recording among the Public Records of Orange
County, Florida a supplemental Declaration describing the property to
be annexed, which Supplemental Declaration shall be signed by those Members
OR 3518 PG. 185
indicating
their consent to said annexation. Upon recordation of the Supplemental
Declaration, the annexed property or such portion thereof as is included
within the supplemental Declaration shall be subjected to these covenants
and restrictions as if it were originally a portion of the Property. In
addition, such annexed property shall be further subject to such additional
covenants and restrictions as set forth in the supplemental Declaration
or may be subject to different covenants and restrictions from those contained
herein if so stated in the supplemental Declaration.
Section 6. Annexation of Properties Described on Exhibit "B." Declarant
shall be entitled, so long as Declarant is the owner of any Dwelling Unit
or portion of a Lot in the subdivision Community suitable for the construction
of one (I) Dwelling Unit thereon, to annex without requiring approval
of any Members, that property or any portion thereof described on Exhibit
"B" attached hereto. Said annexation may be effectuated by Declarant by
recording among the Public Records of orange County, Florida a Supplemental
Declaration describing the property to be annexed, which Supplemental
Declaration shall be signed by Declarant. Upon recordation of the Supplemental
Declaration, the annexed property or such portion thereof as is included
within the Supplemental Declaration shall be subjected to these covenants
and restrictions as if it were originally a portion of the Property. In
addition, such annexed property shall be further subject to such additional
covenants and restrictions as set forth in the Supplemental Declaration
or may be subject to different covenants and restrictions from those contained
herein it so stated in the Supplemental Declaration.
Section 7. FHA/VA Approval. If, so long as it is a Class B Member
of the Association, the Declarant seeks Federal Housing Administration
or Veterans Administration approval of the Subdivision, the Declarant
nay amend this Declaration in
OR
3518 PG. 186
any manner
required by the Federal Housing Administration or Veterans Administration.
IN WITNESS
WHEREOF, the Declarant has hereunto caused this Declaration to be executed
by its duly authorized officers in manner and form sufficient to bind
it on the day and year first above written.
WITNESSES:
MARCENT FLORIDA, INC.
By: Harnan Ben Zeev Stocknopf, President
Attest: Kurt Heilbronner, Secretary
STATE OF
FLORIDA
COUNTY OF ORANGE
The foregoing
instrument was acknowledged before me this ? day of ???????, 1984 , by
Hanan Ben Zeev Stocknopf, as President and Kurt Heilbronner, as Secretary
of MARCENT FLORIDA, INC., a Florida corporation, on behalf of the corporations
Notary Public
My Commission Expires: ??
OR
3518 PG. 187
Commencing
at the Northeast corner of Section 34, Township 23 South, Range 28 East,
Orange County, Florida run S0035'46'S 6000 feet for a point of beginning
on the South right of way line of Sand Lake Road; thence run 599'44'46"E
along said South right of way line 74.80 feet; thence leaving said South
right of way line run S0015'14"W 9.00 feet to the point of curvature of
a curve concave southeasterly having a radius of 25.00 feet and a central
angle of 8944'40"; thence from a tangent bearing of N8904V46"W run southwesterly
along the arc of said curve 39.16 feet to the point of reverse curvature
of a curve concave northwesterly having a radius of 270.96 feet and a
central angle of 55029126W; thence run southwesterly along the arc of
said curve 262.42 feet to the point of tangency; thence S5600'00"W 107,30
feet: to the point of curvature of a curve concave southeasterly having
a radius of 388.78 feet end a central angle of 2P3000"; thence run southwesterly
along the arc of said curve 159.46 toot to the point of tangency thence
53230'00'W 1.44 feet; thence NSV'30'00"W 100.00 feet; thence s3230'00"W
93.17 feet; thence N8924'14"W 276.91 feet; thence $0035'46"W 120.00 feet;
thence N8924'14'W 800.00 toot; thence N0035'46"S 120.00 feet; thence S8924'14"E
60.00 feet; thence N0035'46'E 110.00 feet; thence N4535'46~Z2 21.21 feet,
thence 589%414WE 75.00 feet; thence N00G3546~E 50.00 feet; thence N8924'14"W
75.00 feet; thence w44024'1L4"W 21.21 feet; thence NOO%5'46'E 110.00 feet;
thence t489~1/44ht4AW 60.00 feet; thence N003546'~ 160.00 feet to the
aforesaid South right of way line of Sand Lake Road; thence Sb9%4'14"E
#long said South right of way line 1476.55 feet to the point Of beginning;
containing therein 16.357 acres more or less.
Exhibit
"A"
O.R.
3518 PG. 188
Any and
all property located within Sections 34 and 35, Township 23 South, Range
28 Last, Orange County, Florida, and owned or hereafter acquired by Marcent
Florida, Inc., a Florida corporation. This shall in no way be deemed an
encumbrance upon any such property until such time as said property is
acquired by the Declarant, and a Supplemental Declaration annexing said
property is signed by the Declarant and recorded among the Public Records
of Orange County, Florida.
RECORDED
AND RECORD VERIFIED S/____________________
County Comptroller, Orange County, Florida
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