EASEMENTS, AND RESTRICTIONS
FOR
CRYSTAL GLEN UNIT I
THIS DECLARATION is made this 8th day of May , 1998, by THE GREATER CONSTRUCTION CORP., a Florida corporation, whose address is 1105 Kensington Park Drive, Altamonte Springs, Florida, 32714, which declares hereby that the "Property" described in Article II of this Declaration is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens hereinafter set forth.
ARTICLE I.
DEFINITIONS
The following words when used in this Declaration (unless the context` shall prohibit) shall have the following meanings:
1.1 "Additional Property" shall mean and refer to that portion of the lands being more particularly described on Exhibit "A" attached hereto not initially included among the Property encumbered hereby but which may be included among the Property in the future upon Declarant's execution and recordation of a supplemental declaration herein according with Article II below.
1.2. "Assessment" means and refers to a share of the funds required for payment of the expenses of the Association, which funds shall be assessed against a Lot Owner from time to time.
1.3 "Association" means and refers to CRYSTAL GLEN HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, its successors and assigns.
1.4 "Board of Directors" means and refers to the board of directors of the Association.
1.5 "Common Area" means and refers to all real property (including the improvements thereto) and all personal property owned by the Association and streets and tracts of land, if any, shown or drawn on a Plat as owned or to be owned by the Association for the common use, enjoyment, and benefit of the Owners and all property designated as common areas in any future recorded supplemental declaration (but not including any tract dedicated on a Plat to Orange County or another public utility provider); together with the landscaping and any improvements thereon, including, without limitation, all structures, open space, conservation areas, recreation areas, retention areas, masonry walls, walkways, entrance markers, signs, and street lights, if any, but excluding any public utility installations thereon. Certain of the Common Area may be shown as tracts on the Plat.
1.6 "Declaration" means and refers to this Declaration of Conditions, Covenants, Easements, and Restrictions for Crystal Glen Unit 1 as recorded in the Public Records of Orange County, Florida, and as the same may be amended from time to time.
1.7 "Declarant" means and refers to The Greater Construction Corp., a Florida corporation, and its successors and assigns, by virtue of such written instruments assigning the rights and obligations of Declarant hereunder recorded in the Public Records of Orange County, Florida. Upon recordation of any such assignment, the initial Declarant shall be released and absolved from any obligations on the part of the Declarant as may arise by or through this Declaration. A Lot purchaser, Lot Owner or Lot mortgagee shall not be deemed to be the Declarant by the mere act of purchase or mortgage of a Lot.
1 .8 "Drainage Easements" means and refers to the drainage easements declared and reserved on a Plat.
1.9 "Entitled To Vote" means and refers to that Lot Owner who shall cast a vote for a Lot at an Association meeting. If more than one person or legal entity shall own any Lot, the Owners thereof shall determine among themselves who shall be the Member Entitled To Vote. Said determination shall be manifested upon a voting certificate, signed by all Owners of said Lot and given to the Association Secretary for placement in the Association records. Notwithstanding anything contained herein to the contrary, all Lot Owners whether Entitled To Vote or not are assured of all other privileges, rights, and obligations of Association membership and shall be Members of the Association. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be Entitled To Vote for purposes hereof, unless and until any of said parties obtain or receive fee simple title to such Lot.
1.10 "Institutional Lender" or "Institutional Mortgagee" means and refers to a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust or any other generally recognized institutional type lender or its loan correspondent, the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Federal Housing Administration (FHA) or the Veteran's Administration (VA) and to any successor or assignee thereof.
1.11 "Lot" means and refers to any Lot on a Plat of portions of the Property and any other property hereafter declared as a Lot by the Declarant and thereby made subject to this Declaration.
1.12 "Member" means and refers to all those Owners who are Members of the Association as provided in Article III hereof.
1.13 "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
1.14 "Plat" means and refers to the plat of Crystal Glen Unit 1, as recorded in the Public Records of Orange County, Florida, together with any plat of additional land made subject to this Declaration and to the jurisdiction of the Association.
1.15 "Property" or "Properties" means and refers to the property as described in Section 2.1 of this Declaration, and additions thereto, as are now or hereafter made subject to this Declaration and to the jurisdiction of the Association, except such as are withdrawn from the provisions hereof in accordance with the procedures hereinafter set forth.
1.15 "Residence" means and refers to any residential building constricted on a Lot for which a certificate of occupancy has been duly issued. .
ARTICLE II.
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO
2.1 Legal Description. The real property which, initially, is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Orange County, Florida, and is more particularly described as follows:
YOUR PROPERTY'S LEGAL DESCRIPTION GOES HERE
all of which real property, and all additions thereto, is herein referred to collectively as the "Property. "
2.2 Supplements. So long as the Class B membership (as herein defined) shall exist, Declarant may from time to time bring all or any portions of the Additional Property under the provisions hereof by recorded supplemental declarations (which shall not require the consent of then existing Owners or the Association or any mortgagee) and thereby add to and include all or such portions of the Additional Property as part of the Property subject to this Declaration. To the extent that additional real property shall be made a part of the Property as a common scheme, reference herein to the Property should be deemed to be a reference to all of such additional property where such reference is intended to include property other than that legally described above. Nothing herein, however, shall obligate the Declarant to add to the initial portion of the Property, to develop any such future portions under such common scheme, nor to prohibit the Declarant from rezoning and/or changing the development plans with respect to such future portions and/or the Declarant from adding additional or other property to the Property under such common scheme. All Owners, by acceptance of a deed to their Lots, thereby automatically consent to any such rezoning, change, addition or deletion thereafter made by Declarant and shall evidence such consent in writing if requested to do so by the Declarant at any time.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.1 Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot shall be a Member of the Association. Notwithstanding anything else to the contrary set forth in this Section 3.1, any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a Member of the Association. Membership in the Association shall be appurtenant to each Lot and may not be separated from ownership of said Lot. The record title holder to each Lot shall automatically become a Member of the Association and shall be assured of all rights and privileges thereof upon presentation of a photo statically or otherwise reproduced copy of said Owner's deed to the Association. Secretary for placement in the records of the Association. To the extent that said deed shall pass title to a new Lot Owner from an existing Lot Owner, membership in the Association shall be transferred from the existing Lot Owner to the new Lot Owner. In no event shall any mortgagee or other party holding any type of security interest in a Lot or the Residence constructed thereon be a Member of the Association unless and until any of said parties obtain or receive fee simple title to such Lot.
3.2 Voting Rights. The Association shall have two (2) classes of voting membership:
Class A. Class A Membership shall be all Owners of Lots (except the Declarant and its successors and assigns as long as the Class B membership shall exist, and thereafter, the Declarant and its successors and assigns shall be Class A Members to the extent each would otherwise qualify). Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interests required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, but the vote for such Lot shall be exercised only by that one person who is Entitled To Vote. In no event shall more than one vote be cast with respect to any such Lot.
Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to nine (9) votes for each Lot owned by the Class B Member. The Class B membership shall cease and terminate (i) at such time as ninety percent (90%) of the maximum number of Residences allowed for both the Property and Additional Property have been conveyed to Class A Members, or (ii) sooner if required by the provisions of Chapter 617, Florida Statutes, or at the election of the Declarant, whereupon the Class A Members shall be obligated to elect the Board of Directors and assume control of the Association. Upon termination of the Class B membership as provided for herein, the Class B membership shall convert to Class A membership with voting strength as set forth above for Class A membership.
3.3 General Matters. When reference is made herein, or in the Articles of Incorporation, Bylaws, Rules and Regulations, management contracts or otherwise, to a majority or specific percentage of Members, such reference shall be deemed to be reference to a majority or specific percentage of the votes of Members Entitled To Vote and not of the Members themselves.
ARTICLE IV.
PROPERTY RIGHTS IN THE COMMON AREAS; OTHER EASEMENTS
4.1 Members Easements. Each Member, and each tenant, agent and invitee of such Member or tenant, shall have a nonexclusive permanent and perpetual easement over and upon the Common Area for the intended use and enjoyment thereof in common with all other such Members, their tenants, agents, and invitees, in such manner as may be regulated by the Association.
Without limiting the generality of the foregoing, such rights of use and enjoyment are hereby made subject to the following:
A. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration and with the restrictions on the Plats of portions of the Property from time to time recorded;
B. The right of the Association to suspend the Member's and/or Owner's voting rights for any period during which any Assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of lawfully adopted and published rules and regulations;
C. The right of the Association to adopt at any time and from time to time and enforce rules and regulations governing the use of the Lots and Common Area and all facilities at any time situated thereon, including the right to fine Owners and Members as hereinafter provided. Any rule and/or regulation so adopted shall apply until rescinded or modified as if originally set forth at length in this Declaration; and
D. The right to the use and enjoyment of the Common Area and facilities thereon shall extend to all permitted user's immediate family who reside with him subject to regulation from time to time by the Association in its lawfully adopted and published rules and regulations.
4.2 Easements Appurtenant. The easements provided in Section 4.1 shall be appurtenant to and shall pass with the title to each Lot.
4.3 Maintenance. The Association shall at all times maintain in good repair and manage, operate, and insure, and shall replace as required, the Common Area, together with the paving, drainage structures, masonry walls, lighting fixtures and appurtenances, landscaping, sprinkler systems, entrance markers, signs, improvements and other structures that may (but will not necessarily) be installed by the Declarant or the Association situated on the Common Area, if any, with all such work to be done as ordered by the Board of Directors of the Association. In order to maintain, manage, and operate the Common Area, and such appurtenances as are described above, the Association shall have the right and authority to enter into such contracts or agreements (including without limitation agreements with the Declarant) as the Board of Directors of the Association deem appropriate. Maintenance of any lighting fixtures shall include and extend to payment for all electricity consumed in their illumination. Without limiting the generality of the foregoing, the Association shall assume all of Declarant's responsibility to Orange County of any kind with respect to the Common Area and shall indemnify and hold the Declarant harmless with respect thereto.
Each Owner shall be responsible for the maintenance, replacement, and repair of all walls, gates, paving, drainage facilities, structures and improvements located on his Lot, other than those specifically provided to be maintained by the Association.
All work pursuant to this Section and all expenses incurred hereunder shall be paid for by the Association through Assessments (either general or special) imposed in accordance herewith. No Owner may waive or otherwise escape liability for Assessments by non use of the Common Area or Lots or abandonment of the right to use the Common Area.
4.4. Utility Easements. The Association shall have the right to rant permits, licenses, and easements over the Common Area for utilities, roads, and other purposes reasonably necessary or useful for the proper maintenance or operation of the Property. In addition, easements over, upon, under, through and across the Common Area are reserved to the Association and the Declarant, and may be declared or granted from time to time by the Declarant during any period that the Declarant shall own at least one (1) Lot, for such further utility, egress, ingress, or drainage easements over and across the Property as may be required from time to time to serve any other or additional lands during the course of development of same, whether such additional lands become subject to the jurisdiction of the Association and part of the Property or not. Regarding any easement declared by the Declarant, the joinder of the Association or any Lot Owner or Lot Owner's mortgagee shall not be required.
4.5 Drainage Easements. Drainage Easements have been declared and reserved as shown on and created by the Plat. Each Owner of any Lot encumbered by a Drainage Easement upon which a drainage swale is located shall be solely responsible for the repair, replacement, and maintenance of such drainage swale. Alteration, obstruction or removal of any drainage swales or drainage control facilities or structures is expressly prohibited. In the event any Owner fails to repair, replace, and maintain any drainage swales, or alters or obstructs any piping, drainage swales, facilities or structures, the Association may repair, replace, and maintain such drainage swales, facilities, and structures and assess such Owner for the costs and expenses incurred in order to accomplish the foregoing. Each Owner hereby grants an easement and license to the Declarant and the Association over, upon, and across such Owner's Lot in order to facilitate and accomplish the foregoing. Further, no Owner shall place, erect or construct any improvements or otherwise permit anything to occur within any Drainage Easement area that would in any way effect said Drainage Easement or any swale, pipe or drainage control facility or structure located therein or thereon, unless, in the event of construction of any improvements, such improvements have been approved by Declarant or the ACC (as hereinafter defined).
4.6 Ownership. In accordance with the dedication set forth on the Plat, the Common Area is hereby dedicated non exclusively to the joint and several use, in common, of the Owners of all Lots that may from time to time constitute part of the Property and such Owners' tenants, guests, and invitees. Declarant shall convey the Common Area to the Association, which shall accept such conveyance. Beginning on the date this Declaration is recorded, the Association shall be responsible for the maintenance of the Common Area (whether or not then conveyed to the Association), such maintenance to be performed in a continuous and satisfactory manner. It is intended that all real estate taxes and assessments, if any, assessed against that portion of the Common Area owned or to be owned by the Association shall be proportionally assessed against and payable as part of the taxes of the Lots within the Property However, in the event that, notwithstanding the foregoing, any such taxes are assessed directly against the Common Area, the Association shall be responsible for the payment of the same, including taxes on any improvements and any personal property located thereon, which taxes accrue from and after the date this Declaration is recorded.
4.7 Conservation Easements. Declarant reserves the right to grant conservation easements and development rights to qualified grantees, including without limitation Orange County, Florida, and/or the South Florida Water Management District, over, upon, and across the Common Area. There shall be no construction, clearing or grading in any area that is encumbered by a conservation easement, without approval from applicable governmental entities including Orange County.
4. 8 Declarant Offices. Notwithstanding anything herein to the contrary, but subject . to approval by Orange County if required by its laws and ordinances, the Declarant shall have the specific right to maintain upon any portion of the Property sales, administrative, construction or other offices without charge, and appropriate easements of access and use are expressly reserved unto the Declarant and its successors, assigns, employees and contractors, for this purpose.
4.9 Sidewalks. Public sidewalk easements, if any, may be referred to on the Plats or created by separate instrument.
ARTICLE V.
ASSOCIATION COVENANT
FOR MAINTENANCE ASSESSMENTS
5.1 Creation of the Lien and Personal Obligations of the Assessments. Except as provided elsewhere herein, the Declarant (and each party joining in this Declaration or in any supplemental declaration), for all Lots within the Property, hereby covenants and agrees, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Assessments or charges for the maintenance, management, operation, and insurance of the Common Areas and other properties that may be otherwise used for the benefit of the Property as provided elsewhere herein, including such reasonable reserves as the Association may deem necessary, capital improvement Assessments, as provided, elsewhere herein and all other charges and Assessments hereinafter referred to, all such Assessments to be fixed, established and collected from time to time as herein provided. In addition, the annual Assessments collected by the Association may be used by the Association for expenditures associated with the park property adjacent to the Property, including access thereto and parking thereon. In addition, individual assessments may be levied against particular Owners and Lots for expenses incurred against particular Lots and/or Owners to the exclusion of others and other charges against specific Lots or Owners as contemplated in this Declaration. The annual, special, and other Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on tine land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the tune when the Assessment fell due. Except as provided herein with respect to individual Assessments that may be imposed on one or more Lots and Owners to the exclusion of others, all Assessments imposed by the Association shall be imposed against all Lots subject to its jurisdiction equally. Reference herein to Assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned.
5.2 Purpose of Assessments. The regular Assessments levied by the Association shall be used exclusively for purposes described herein and in paragraph 5.1 above and for operation, maintenance, repair, renovation, and construction upon the Common Areas, and the maintenance and repair of such other properties as may be used for the benefit of the Property, as specifically provided herein, capital improvements, reserves, operating costs of the Association and to promote the health, safety, welfare, and aesthetics of the Members of the Association and their families residing with them, their guests and tenants, all as provided for herein.
5.3 Reserves for Replacement. The Association may be required to establish and maintain a reserve fund for the periodic maintenance, repair, and replacement of improvements to the Common Area. The reserve fund may be maintained from annual Assessments. Notwithstanding the foregoing, if the Declarant elects to pay the amount of any deficits incurred by the Association for expenses in excess of the amounts collected as Assessments, in accordance with the provisions of Section 5.14 of this Declaration, then the Declarant shall not be required to contribute to a reserve fund.
5.4 Working Capital. Upon the initial closing of the sale or the occupation of a Residence, the buyer (or Owner) of such Residence shall pay to the Association an amount equal to Fifty percent (50 %) of the annual assessment of the Association for such Lot, which amount shall be maintained in an account by the Association as working capital for the use and benefit of the Association. Said amount shall not be considered as advance payment of annual Assessments.
5.5 Maximum Annual Assessment. Until January. 1 of the year immediately following the conveyance of the first Lot to an Owner; the annual assessment shall be One Hundred Eighty AND NO/100 DOLLARS ($180.00) per Lot.
A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year. upon approval by a majority of the Board of Directors without a vote of the Membership, by an amount not greater than fifteen percent (15 %) above the maximum assessment for the previous year.
B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased by an amount greater than fifteen percent (15 %) above the maximum assessment. for the previous year, as hereinabove provided, upon approval of the total cumulative vote of the Members voting in person or by proxy at a meeting duly called for such purpose.
C. The Board of Directors may fix the annual Assessment at an amount not in excess of the maximum.
5.6 Exterior Maintenance. The Owner of each Lot shall maintain the exterior of the Residence and the Lot at all times in a neat and attractive manner and as provided elsewhere herein. Upon the Owner's failure to do so, the Association may at its option, after giving the Owner a thirty (30) day written notice sent to his last known address, or to the address of the subject premises, perform such reasonable maintenance and make such repairs as may be required to restore the neat and attractive appearance of the Lot and the exterior of the Residence located thereon. The cost of any of the work performed by the Association upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot and shall constitute an individual Assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. No bids need to be obtained by the Association for any such work and the Association shall designate the contractor (s) in its sole discretion.
5.7 Capital Improvements. Funds necessary for the addition of capital improvements (as distinguished from repairs and maintenance) relating to the Common Area or other properties used for the benefit of the Property and which have not previously been collected as reserves used for the benefit of the Property and which have not previously been collected as reserves or are otherwise available to the Association shall be levied by the Association as special Assessments only upon approval by the total cumulative vote of the Members voting in person or by proxy at a meeting duly called for such purpose.
5.8 Notice and Quorum for Any Action Authorized Under Sections 5.5 and 5.7. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.5 or 5.7 shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. The quorum requirements for any such action shall be as established in the Bylaws for the Association.
5.9 Date of Commencement of Annual Assessments: Due Dates. The annual Assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through December 31 of such year. Each subsequent annual Assessment shall be imposed for the year beginning January 1 and ending December 31. The annual Assessments shall be payable in advance by one (1) annual payment, or by monthly, quarterly or biannual installments in the discretion of the Board of Directors of the Association. At the time of the closing of the sale of any Lot, the purchaser thereof shall pay to the Association an amount equal to the lesser of: (i) the full annual Assessment multiplied by a fraction, the numerator of which is the number of days remaining in the year of closing (including the date of closing) and the denominator of which is 365, or (ii) the portion of the full annual Assessment otherwise due and owing for the remainder of the year. The due date of any special Assessment shall be fixed in the Board of Directors resolution authorizing such assessment.
5.10 Certain Duties of the Board of Directors The Board of Directors of the Association shall fix the date of commencement and the amount of the Assessment against each Lot subject to the Association's jurisdiction for each assessment period, to the extent practicable, at least thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster of the Lots 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 thirty (30) days prior to payment of the first installment thereof, except as to emergency Assessments. Subject to other provisions hereof, the Association shall upon demand at any time furnish to any Owner liable for an Assessment a certificate in writing signed by an officer of the Association, setting forth whether such assessment has been paid as to any particular Lot. Such certificate shall be conclusive evidence of payment of any Assessment to the Association therein stated to have been paid. The Association may charge a reasonable fee for such certificate. The Association, through the action of its Board of Directors, shall have the power, but not the obligation, to enter into an agreement or agreements from time to time with one or more persons, firms or corporations (including affiliates of the Declarant) for management services or for other services beneficial shall have all other powers provided elsewhere herein, in its Articles of Incorporation and its Bylaws.
5.11 Effect of Non Payment of Assessment; the Personal Obligation; the Lien; Remedies of the Association. If the Assessments (or installments), whether general or special, or individual, are not paid on the date (s) when due (being the dates) specified herein), then such Assessments (or installments) shall become delinquent (and, at the option of the Declarant, all general Assessments attributable to the Lot for the existing fiscal year shall be accelerated and shall become immediately due and payable) and shall, together with late charges, interest, and the costs of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot that shall bind such property. Each Assessment against a Lot shall also be the personal obligation of the Owner at the time the Assessment fell due.
If any installment of an Assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than FIFTY AND NO/ 100 DOLLARS (550.00) may be imposed and all such sums shall bear interest from the dates when due until paid at the highest lawful rate, and the Association may bring an action at law against the Owner (s) personally obligated to pay the same or may record a claim of lien against the Lot on which the assessments and late charges are unpaid and may foreclose the lien against the Lot on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively. The Association shall also have the right to recover its attorneys' fees (including paralegal tees) and costs, including without limitation costs and expenses for consultation with an attorney because any such sums have not been paid, and costs and expenses charged by such attorney for services related in any way to the failure by an Owner to pay such sums (such as without limitation fees for telephone calls, preparation of correspondence, attendance at meetings, etc.), whether or not suit is filed. Further, in addition to the foregoing, in the event suit is filed, the Association shall have the right to recover all attorneys' fees, paralegals' fees, and costs incurred before trial, at trial, and upon all appellate levels.
In addition to the rights of collection stated above, if any installment of an Assessment is not paid within fifteen (15) days after the due date, the Board of Directors of the Association may impose a fine on the Lot for which the Assessment was not paid (and the fine shall also be the personal obligation of the Owner). The fine shall be imposed by the Board of Directors at a duly called meeting in accordance with the Bylaws of the Association, and notice of the fine shall be sent to the Owner by certified mail, return receipt requested, postage prepaid. The Owner may appeal the fine to the Board of Directors in accordance with reasonable procedures prescribed by the Board of Directors from time to time. The determination of the Board of Directors with respect to any such appeal shall be final.
If any such fine is not timely paid, then the fine, together with reasonable costs of collection thereof as provided herein, shall, at the option of the Association, become a continuing lien on the Lot which shall bind such Lot. Additionally, the fine shall also be the personal obligation of the Owner at the time the fine is assessed.
The Association may, at its option, bring an action at law against the Owner personally obligated to pay the fine or may record a claim of lien against the Lot for which the fine is unpaid, and may foreclose the lien against the Lot on which the fine is unpaid or may pursue one or more such remedies and any and all other available remedies at the same time or successively.
In addition to the rights of collection of Assessments stated in this Section, any and all persons acquiring title to or an interest in a Lot as to which the Assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Area until such time as all unpaid and delinquent Assessments due and owing from the selling Owner have been fully paid. No sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all Assessments and other sums due; provided, however, that the provisions of this sentence shall not be applicable to the mortgagees and purchasers contemplated by Section 5.12 of this Article.
It shall be the legal right of the Association to enforce payment of the Assessments hereunder. Failure of the Association to send or deliver bills shall not, however, relieve Owners from their obligations hereunder.
5.12 Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to the lien of any first mortgage to any Institutional Lender and which is now or hereafter placed upon any property subject to Assessment; provided, however, that any such mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such mortgagee acquiring a deed in lieu of foreclosure, and all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid Assessment that cannot be collected as a lien against any Lot by reason of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and a lien against all Lots subject to Assessment by the Association, including the Lots as to which the foreclosure (or conveyance in lieu of foreclosure) took place. Failure to pay assessments shall not constitute a default under any first mortgage to an Institutional Lender unless the First Mortgage so provides.
5.13 Collection of Assessments. The Association shall collect the Assessments of the Association. Mortgagees are not required to collect assessments.
5.14 Effect on Declarant. Notwithstanding any provision that may be contained to the contrary in this Declaration or the Articles of Incorporation or Bylaws of the Association, for as long as Declarant or its successors or assignees, from time to time, is the Owner of any Lot on which a Residence has not yet been constructed, the Declarant shall be liable for the full Assessments against each Lot so owned; provided, however, the Declarant, in its sole discretion, may elect in any given assessment year, in lieu of payment of the full Assessments for each such Lot, to pay the amount of any deficits incurred by the Association for expenses incurred in excess of the amounts collected as Assessments. In such event, Declarant shall not be required to fund reserves. For purposes hereof, the existence, or nonexistence of a deficit for the Association shall be determined on cash basis accounting instead of accrual basis. When Declarant has sold and conveyed all its Lots in the Property, Declarant shall not have further liability of any kind to the Association for the payment of Assessments or for funding any deficits of the Association.
ARTICLE VI.
CERTAIN RULES AND REGULATIONS
6.1 No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family dwelling not to exceed two (2) stories in height and a private garage for not more than three (3) cars. Further, cars or other authorized vehicles hereunder shall be parked in the garage or driveway and in any event may not be parked in any easement areas or the street area in front of the Lot.
6.2 No building, structure or appurtenance (including fences but excluding in ground swimming pools which are built in compliance with applicable codes and standards and set back lines and which do not encroach into any easements on the Lot) shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee, as to quality of workmanship and materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation.
6.3 No building, addition, wall, fence or other structure or improvement of any nature or kind shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure and landscaping, or composition of the materials used therefor, as may be required by the Architectural Control Committee (sometimes referred to herein as the "ACC") have been approved in writing by the Architectural Control Committee named below and all necessary governmental permits are obtained. Each building, addition, wall, fence or other structure or improvement of any nature shall be erected, placed or altered upon the premises only in accordance with the plans and specifications and plot plan so approved and applicable governmental permits and requirements. The Architectural Control Committee shall have the right, in its sole and absolute discretion, to refuse approval of plans, specifications and plot plans, or any of them, based on any ground, including purely aesthetic grounds. Any change in the exterior appearance of any building, wall, fence or other structure or improvements (including paint color) shall be deemed an alteration requiring approval. The Architectural Control Committee shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this Section.
So long as the Class B Membership exists, the ACC shall be appointed by the Declarant. Thereafter, the Architectural Control Committee shall be a committee composed of or appointed by the Board of Directors of the Association. During the period in which the Declarant appoints the membership of the ACC, the ACC shall have three (3) members. At such time as the Board of Directors appoints the ACC members, the ACC shall have any number of members, but never less than three (3), as deemed appropriate by the Board of Directors.
The address of the Architectural Control Committee shall be the address of the Declarant or the Association, depending on which party appoints its membership. The Board of Directors of the Association and the ACC may employ personnel and consultants to assist the ACC at the expense of the Association. The members of the ACC shall not be entitled to any compensation for services performed pursuant to this Declaration. The Architectural Control Committee shall act on submissions to it, or request further information thereon, within thirty (30) days after receipt of the same (and all further documentation required) or else the request shall be deemed approved. The foregoing provisions regarding ACC approval shall not be applicable to the Declarant or to construction activities conducted by the Declarant.,
Notwithstanding anything herein to the contrary, the ACC, in its sole and absolute discretion, may grant a variance as to any of the restrictions, conditions and requirements set forth in this Article so long as, in the judgment of the ACC, the noncompliance for which the variance is granted is not of a substantial nature and the granting of the variance shall not unreasonably detract from the use and enjoyment of adjoining Lots and the Property. In no event shall the granting of a variance in one instance require the ACC to grant a similar or other type of variance in any other instance, it being understood that the granting of variances from the restrictions, conditions and requirements of this Article shall be in the sole and absolute discretion of the ACC.
Notwithstanding anything herein to the contrary, prior to commencing construction of improvements approved by the ACC, the Owner of the Lot upon which such improvements shall be installed shall obtain any and all appropriate governmental permits and approvals and shall construct the improvements in compliance with all terms and conditions of such permits and approvals.
The Architectural Control Committee and any and all officers, directors, employees, agents and Members of the Association shall not, either jointly or severally, be liable or accountable in damages or otherwise to any Owner or other person or party whomsoever, by reason of or on account of any decision, approval or disapproval of any plans, specifications or other materials required to be submitted for review and approval pursuant to provisions of this Section of this Declaration, or for any mistake in judgment, negligence, misfeasance or nonfeasance related to or in connection with any such decision, approval or disapproval, and each Owner by acquiring title to any Lot or interest therein, shall be deemed to have agreed that he or it shall not be entitled to and shall not bring any action, proceeding or suit against such parties.
6.4 The Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
6.5 No dwelling shall be permitted on any lot at a cost of less than TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of these covenants to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The around floor area of the main structure, exclusive of one story open porches and garages, shall be not less than nine hundred fifty (950) square feet.
6.6 All dwellings shall be erected and maintained in compliance with the applicable setback requirements of Orange County and any governmental entity having jurisdiction over Crystal Glen.
6.7 No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. In addition, no accessory apartments (whether or not authorized under Orange County rules, laws, ordinances or regulations) shall be used or permitted on any lot whether attached to a principal or accessory structure or free standing. Further, no truck larger than two (2) tons in total weight, trailer, recreational vehicle, boat or similar vehicle shall be stored, kept or parked contiguous to, on or about any lot without the express advance written authorization of the Architectural Control Committee, which consent may be withheld in said Committee's sole discretion and for any reason. Further, even if said permission has been granted, it may be revoked by the Architectural Control Committee in its reasonable discretion.
6.8 No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become a nuisance to the neighborhood.
6.9 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 provided that they are not bred or maintained for any commercial purposes.
6.10 No sign of any kind shall be displayed to the public view on any lot, except one (1) professional sign of not more than one (1) square foot, one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale period.
6.11 No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line and no fence or wall permitted hereunder shall, in any event be placed any closer than twenty five (25) feet from any front street right of way and fifteen (15) feet from any side street right of way, and shall not exceed six (6) feet in height. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street lines, extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless it is maintained at sufficient height to prevent obstruction of such sight lines.
6.12 No lots shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept, except in sanitary containers. All containers, receptacles equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
6.13 No television or radio antenna shall be constructed or placed on the roof of any dwelling. No free standing television or radio antenna shall be permitted on any lot unless (i) the location of such free standing antenna is approved by the Architectural Control Committee and (ii) such free standing antenna does not exceed five (5) feet in height above the highest point of the roof of the dwelling. Further, no television or radio dish antenna shall be permitted on any lot unless the appearance and location of such dish antenna is approved in advance by the Architectural Control Committee.
6.14 Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements no structure (other than approved fencing), planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
6.15 Where a building has been erected or the construction thereof is substantially advanced and it is situated on any lot in such a manner that same constitutes a violation or violations of any of the above covenants, conditions and restrictions, the Architectural Control Committee shall have the right at any time to release such lot or portions thereof from such part of the provisions of any of said covenants, conditions and restrictions as are violated; provided, however, that the said Architectural Control Committee shall not release a violation or violations of any of said covenants, conditions and restrictions except as to violations which, in its sole discretion, are determined to be minor, and the power to release any such lot or portions thereof from such a violation or violations shall be dependent on a determination by it that such violation or violations are minor.
6.16 In addition to the foregoing, the Association shall have the right, power and authority, subject to the prior written consent and approval of Declarant, to promulgate and impose rules and regulations governing and/or restricting the use of the Property and Lots, including without limitation rules and regulations relating to the placement or installation of any type of improvement on any Lot, and to thereafter change, modify, alter, amend, rescind, and augment any of the same; provided, however, that no rules and regulations so promulgated shall be in conflict with the provisions of this Declaration. Any such rules and regulations so promulgated by the Association shall be applicable to and binding upon all the Property and the Owners thereof and their successors and assigns, as well as all guests and invitees of and all parties claiming by, through or under such Owners.
ARTICLE VII.
ENFORCEMENT
7.1 Compliance by Owners. Every Owner shall comply with the terms, provisions, restrictions, and covenants set forth herein and any and all rules and regulations that, from time to time may be adopted by the Board of Directors of the Association.
7.2 Enforcement. The Declarant, the Association, the Association Board of Directors, the Architectural Control Committee, each Owner, or any other party as provided herein shall each have the right (but not the obligation) to enforce this Declaration and the covenants, restrictions and provisions hereof including without limitation bringing the actions and filing and foreclosing the liens described in Article V hereto. In addition, the South Florida Water Management District shall have the right to enforce this Declaration with respect to the operation and maintenance of the stormwater management system for the Property. Enforcement of this Declaration and the covenants, restrictions, and provisions hereof may be accomplished by any proceeding at law or in equity, including without limitation, an action for damages and injunctive relief. The Association shall have the right to suspend the voting rights and use of the Common Area of any defaulting Owner. Failure to enforce any covenant, restriction or provision hereof shall not be deemed a waiver to do so thereafter. The defaulting and/or offending Owner shall be responsible for all costs incurred in enforcement of this Declaration, including but not limited to, attorney, paralegal and legal assistant fees, costs and expenses, related fees, costs and expense, court costs, and witness and expert fees and costs, whether suit be brought or not, and whether in settlement, in any declaratory action, at trial or on appeal.
ARTICLE VIII.
DRAINAGE SYSTEM
The surface water management system of the Property is subject to the jurisdiction of the South Florida Water Management District, which has issued a permit for the operation of such system, as the same may be amended from time to time (collectively the "Permit"). The Association may own and be responsible for the operation and maintenance of the surface water management system within the Property, including without limitation operation and maintenance of all retention ponds and drainage improvements as may be situated throughout the Common Areas. The registered agent of the Association shall maintain copies of all surface water management system permitting documents. The provisions of this Article VIII shall not relieve the Owners of any of their obligations which are set out in this Declaration.
ARTICLE IX.
GENERAL PROVISIONS
9.1 Municipal Service Taxing Units. In order to perform the services contemplated by this Declaration, the Association or Declarant, in conjunction with Orange County. Florida, may seek the formation of special purpose municipal service taxing (or benefit) units ("MSTUs"). The MSTUs will have responsibilities defined in their enabling resolutions that may include, but are not limited to, maintaining roadway informational signs, traffic control signs, benches, trash receptacles and other street furniture, keeping all public roadways and roadside pedestrian easement clean of windblown trash and debris, mowing, payment of electrical charges, maintenance of drainage structures, maintenance of designated landscape areas, payment of energy charges for the street and pedestrian lighting, and other services benefiting the Property. In the event such MSTUs are formed, the Property will be subject to assessment for the cost of services performed within the MSTU and personnel working for or under contract with Orange County shall have the right to enter upon lands within the Property to effect the services contemplated. Each Owner by acquiring lands within the Property agrees to pay each and every MSTU assessment imposed upon the Owner's land in a timely manner, failing which such assessments and special charges shall be a lien upon those lands, and the MSTU shall have the right to foreclose said lien pursuant to the MSTU's enabling resolution. The Association retains the right to contract with Orange County to provide the services funded by the MSTU.
9.2 Insurance and Fidelity Bonds. The Association may obtain and maintain in effect casualty and liability insurance and fidelity bond coverage in form and amounts as may be deemed advisable by the Board of Directors of the Association. Additionally, the Association may obtain and maintain in effect "directors and officers insurance" in form and amounts as may be deemed advisable by the Board of Directors of the Association.
9.3 Duration: Amendment. The covenants and restrictions of this Declaration shall run with and bind the Property for a term of thirty (30) years from the date this Declaration is recorded, after which they shall be automatically extended for successive periods of ten (10) years; unless during the last year of its applicability during the initial term or any extension period no less than seventy five percent (75 %) of each class of Members at a duly noticed meeting of the Association vote in person or by proxy to terminate this Declaration. Provided, however, no such termination shall void the duty of the Association to maintain the surface water management system unless specifically allowed by the South Florida Water Management District. Further, no such termination shall have the effect of terminating any easements herein provided or reserved. Except as otherwise provided herein, this Declaration may be amended by an instrument signed by the owner (s) of the majority of the total cumulative votes of the Membership, but not requiring a specified number of votes of Members Entitled to Vote in each class; and in any event this Declaration may be amended by only Declarant (without the consent of any other party) to clarify ambiguities and scrivener's errors. In addition to the foregoing, so long as Declarant owns any Lots within the Property, all amendments to this Declaration must be approved and joined in by Declarant. If not so joined by Declarant, the amendment shall be null and void. Any amendment to this Declaration must be recorded in the Public Records of Orange County, Florida.
Notwithstanding any provision to the contrary herein contained, Declarant shall have the right to amend this Declaration without the consent, approval or joinder of any other person or Owner, if such amendment is required in order to cause this Declaration to comply with applicable FHA, VA, FNMA and/or FHLMC requirements. Such an amendment to ;his Declaration, the Articles of Incorporation or Bylaws of the Association needs to be signed and acknowledged only by the Declarant and need not be approved by the Association, Lot Owners or lienors or mortgagees of Lots, whether or not elsewhere required for an amendment.
9.4 Notice. Any notice required to be sent to any' Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid, to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing.
9.5 Severability. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect.
9.6 Annexation of Additional Land. Other than annexation of the Additional Property while Declarant is a Class B Member as provided in and governed by Section 2.2 above, additional residential property and common area may be annexed to the Property with the consent of a majority of the total cumulative votes of the Members.
9.7 Effective Date. This Declaration shall become effective upon its recordation in the Public Records of Orange County, Florida.
9.8 Conflict. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and Bylaws of the Association and the Articles shall take precedence over the Bylaws.
9.9 Standards for Consent Approval, Completion,, Other Action and Interpretation. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Declarant, the Association or the Architectural Control Committee, such consent, approval or action may be withheld in the sole and absolute discretion of the party requested to give such consent or approval or take such action, and all matters required to be completed or substantially completed by the Declarant or the Association shall be deemed completed or substantially completed when so determined, in the discretion of the Declarant or Association, as appropriate.
9.10 Easements. Should the intended creation of any easement provided for in this Declaration fail because at the time of creation there may have been no grantee having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement. The Owners hereby designate the Declarant and the Association (or either of ;hem) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions.
9.11 Covenants Running With The Land. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING AND WITHOUT LIMITING THE GENERALITY (AND SUBJECT TO THE LIMITATIONS) OF SECTION 9.3 HEREOF, IT IS THE INTENTION OF ALL PARTIES AFFECTED HEREBY (AND THEIR RESPECTIVE HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) THAT THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND WITH TITLE TO THE PROPERTY. IF ANY PROVISION OR APPLICATION OF THIS DECLARATION WOULD PREVENT THIS DECLARATION FROM RUNNING WITH THE LAND AS AFORESAID, SUCH PROVISION AND/OR APPLICATION SHALL BE JUDICIALLY MODIFIED, IF AT ALL POSSIBLE, TO COME AS CLOSE AS POSSIBLE TO THE INTENT OF SUCH PROVISION OR APPLICATION AND THEN BE ENFORCED IN A MANNER WHICH WILL ALLOW THESE COVENANTS AND RESTRICTIONS TO SO RUN WITH THE LAND; BUT IF SUCH PROVISION AND/OR APPLICATION CANNOT BE SO MODIFIED, SUCH PROVISION AND/OR APPLICATION SHALL BE UNENFORCEABLE AND CONSIDERED NULL AND VOID IN ORDER THAT THE PARAMOUNT GOAL OF THE PARTIES AFFECTED HEREBY (THAT THESE COVENANTS AND RESTRICTIONS RUN WITH THE LAND AS AFORESAID) BE ACHIEVED.
9.12 Dissolution of Association. In the event of a permanent dissolution of the Association, (i) all assets of the Association shall be conveyed to a non-profit organization with similar purposes and acceptable to the South Florida Water Management District, or (ii) all Association assets may be dedicated to Orange County, Florida or any applicable municipal or other governmental authority. Said successor non-profit organization or governmental entity shall pursuant to this Declaration provide for the continued maintenance and upkeep of the Common Area, the Property and such other property as may be contemplated herein.
EXECUTED as of the date first above written.
Signed, sealed and delivered
in the presence of: THE GREATER CONSTRUCTION
CORP., a Florida corporation
CRYSTAL GLEN
PARCEL 1
DESCRIPTION:
That part of PLAN OF BLOCK "Q", PROSPER COLONY, recorded in Plat Book "D", Page 106 of the Public Records of Orange County, Florida in the Southwest 1/4, Section 9, Township 24 South, Range 29 East, Orange County, Florida, described as follows:
Commence at the Southeast corner, of said Southwest 1/4; thence run S 89°42'28" W along the South line of said Southwest 1/4 being a non-radial line for a distance of 2532.04 feet to a point on the East Right-of-Way line of John Young Parkway and a non-tangent curve concave Easterly having a radius of 3188.00 feet and chord bearing of N 00°21'23" E; thence run Northerly alone said East Right-of-Way line and the arc of said curve through a central angle of 00°21'34" for a distance of 20.00 feet to the North line of the South 20.00 feet of said Southwest 1/4 and the POINT OF BEGINNING; thence continue Northerly along the arc of said curve through a central angle of 17°33'30" for a distance of 976.96 feet to a point of non-tangency; thence run S 89°5 1'40" E along a non-radial line for a distance of 324.38 feet; thence run N 20°46'34" E for a distance of 206.42 feet; thence run S 89°51'40" E for a distance of 223.68 feet; thence run N 38°26'29" E for a distance of 43.86 feet; thence run N 53°56'07" E for a distance of 17.13 feet; thence run N 00°08'20" E for a distance of 40.46 feet to a point on a line lying 15.00 feet (perpendicular measure) South of and parallel with the South Right-of-Way line of Central Florida Parkway; thence run S 89°51'40" E along said line for a distance of 475.26 feet to the point of curvature of a curve concave Southwesterly having a radius of 3920.13 feet; thence run Southeasterly along said line and the arc of said curve through a central angle of 07°40'26" for a distance of 525.03 feet to a point of non-tangency; thence run S 00° 15'52" E along a non-radial line for a distance of 547.19 feet to the North line of lands described in Official Records Book 4193, Page 1800, of said Public Records; thence run S 89°44'08" W along said North line for a distance of 513.30 feet to the West line of said lands; thence run S 00°10'17" E along said West line for a distance of 643.12 feet to the aforesaid North line of the South 20.00 feet of the Southwest 1/4; thence run S 89°42'28" W along said North line for a distance of 1309.81 feet to the POINT OF BEGINNING.
Containing 38.731 acres more or less and being subject to any rights-of-way, restrictions and easements of record.
PARCEL 2
DESCRIPTION:
That part of PLAN OF BLOCK "Q", PROSPER COLONY, recorded in Plat Book "D", Page 106 of the Public Records of Orange County, Florida in the Southwest 1/4, Section 9, Township 24 South. Range 29 East, Orange County, Florida, described as follows:
Commence at the Southeast corner of said Southwest 1/4; thence run S 89°42'28" W along the South line of said Southwest 1/4 for a distance of 1222.04 feet to the POINT OF BEGINNING; thence continue S 89°42'28" W along said South line and a non-radial line for a distance of 1310.00 feet to a point on the East Right-of-Way line of John Young Parkway and on a non-tangent curve concave Easterly having a radius of 3188.00 feet and chord bearing of N 00°21'23" E; thence run Northerly along said East Right-of-Way line and the arc of said curve through a central angle of 00°21'34" for a distance of 20.00 feet to the North line of the South 20.00 feet of said Southwest 1/4; thence run N 89°42'28" E along said North line for a distance of 1309.81 feet to the West lire of lands described in Official Records Book 4193, Page 1800 of said Public Records; thence run S 00° 10' 17" E along said West line for a distance of 20.00 feet to the POINT OF BEGINNING.
Containing 0.601 acres more or less and being subject to any rights-of-way, restrictions and easements of record.
Together containing 39.332 acres more or less and being subject to any rights-of way, restrictions and easements of record.
DESCRIPTION
That part of PLAN OF BLOCK "Q", PROSPER COLONY, recorded in Plat Book D", Page 106 of the Public Records of Orange County, Florida in the Southwest Section 9, Township 24 South, Range 29 East, Orange County, Florida, described as follows:
Commence at the Southeast corner of said Southwest 1/4; thence run S 89'42'28" W along the South line of said Southwest 1/4 for a distance of 1870.23 feet to the POINT OF BEGINNING; thence continue S 89'42'28" W for a distance of 661.82 feet to a point on the East Right-of-Way line of John Young Parkway and a non-tangent curve concave Easterly having a radius of 3188.00 feet and chord bearing of N 11'07'43" E; thence run Northerly along said East Right-of-Way line and the arc of said curve through a central angle of 21'54'15" for a distance of 1218.77 feet; thence run N 22'04'51 " E for c distance of 91.33 feet to the South Fight-of-Way line of Central Florida Parkway thence run S 89'51'40" E along said South Right-of-Way line for a distance of 1027.29 feet to the point of curvature of a curve concave Southwesterly having a radius of 3935.13 feet; thence run Southeasterly along said South Right-of-Way line and the arc of said curve through a central angle of 17'27'14" for a distance of 1198.75 feet; 'thence run S 73'46'10" E for a distance of 59.61 feet; thence run 5 00'01'39" W for a distance of 394.57 feet to the North line of lands described in Official ,Records Book 4193, Page 1800, of said Public Records; thence run S 89'44'08' W along said North line for a distance of 711.05 feet; thence run N 00'15'52" W for a distance of 374.70 feet; thence run 5 89'42'28" W for a distance of 110.03 feet; thence run S 87'49'52" W for a distance of 50.03 feet to a point on a non-tangent curve concave Southwesterly having a radius of 25.00 feet and a chord bearing of N 42'27 '79" W; thence run Northwesterly along the arc of said curve through a central angle of 84'20'13" for a distance of 36.80 feet to the point of compound
curvature of a curve concave Southerly having a radius of 3750.03 feet; thence run Westerly along the arc of said curve through a central angle of 0128'51" for a distance of 96.93 feet to a point of non-tangency, thence run S 03'53'23' W for a distance of 121.33 feet; thence run S 89'42'28" W for a distance of 550.00 feet; thence run S 00'17'32' E for a distance of 160.00 feet; thence run N 89'42'28" E for a distance of 48.65 feet; thence run S 00 i 7'32" E for a distance of 61.78 feet; thence run S 89'42'28" W for a distance of 270.00 feet; thence run S 00'17'32" E for a distance of 561.34 feet; thence run S 89'42'28" W for a distance of 85.00 feet; thence run S 00'17'32" E for a distance of 50.00 feet; thence run S 89'42'28" W for a distance of 18.74 feet; thence run S 00'17'32" E for a distance of 115.00 feet to tile POINT OF BEGINNING.