This instrument was prepared by and, after recording, should be returned to:

Berry J. Walker, Jr., Esquire Florida Bar Number 0742960 WALKER & TUDHOPE, P.A.
235 Maitland Avenue South, Suite 216
Maitland, Florida 32751
Phone:	(407)  644-6535
Fax:	(407) 644-8369

11111111111111111lIl I I I I I I I I

I

Orange Co FL 2001-8533632
11/26/20 1	02:j2:48pm
DR   Bk   6397 Pg  3943
Rec 168,00

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF

"ROSE BAY PHASE ONE"
THIS DECLARATION, made on the date hereinafter set forth by
ROSE  BAY DEVELOPMENT PARTNERS,	LC,	A FLORIDA	LIMITED	LIABILITY
COMPANY, having an address of 235 South Maitland Avenue, Suite 216, Maitland, Florida 32751, and MORRISON HOMES, INC., A DELAWARE CORPORATION, having an address of 151 South Hall Lane, Suite 200, Maitland, Florida 32751, (hereinafter sometimes cdllectively referred to as the 11 D eclarant").
WITNESSETH:

WHEREAS, Declarant is the owner of certain property located in Orange County, Florida,  and being  more particularly  described  in the attached Exhibit "A 11 (the 11 Proper ty 11 ) .
NOW THEREFORE, Declarant hereby declares that all of the properties described above 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 real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to benefit of each owner thereof.
ARTICLE I
DEFINITIONS
As used herein and in all   amendments hereto,  the  following words shall have the following meanings unless the context requires otherwise:
"Assessment II means a share of the funds required for the payment of common expenses which from time to time are assessed against a unit owner.
11 Assoc iation11     or 11 Cor poration11      means ROSE  BAY  HOMEOWNERS
ASSOCIATION, INC., a not-for-profit Florida corporation, the entity

Description: Orange,FL Document-Book.Page 6397.3943 Page: 1 of 37 Order. becky Comment.

I

1111111111111111111111llIl I I
OR  .Bk   6397 Pg 3'944
Orange Co FL 2001-1533632

responsible for the operation of the Homeowners Association. A copy cf the Articles of Incorporation for the Association is attached hereto as Exhibit "8".

"Board of Directors" means the Board of Directors of the Association.

"By-L aws" means the By-Laws of the Association.
"Declaration II	means this Declaration of Covenants, Conditions and Restrictions and all Exhibits attached hereto as the same, from time to time, may be amended.
"Association Property" shall mean and refer to any lands and improvements which are to be operated, maintained or improved by the Association as the result of (i) specific designation of any lands or improvements as Association Property by this Declaration or any Supplemental Declaration or Amendment hereto, (ii) a decision of the Board of Directors of the Association designating lands or improvements as Association Property. The Declarant hereby designates the following as Association Property:

The maintenance, repairs, replacement, lighting, and irrigation of the Association Property including the Stormwater management system and amenities and the preservation area, otherwise known as: Tracts "A" and 11 B 11 ("Retention") and Tracts "C" and 11 F 11         (     11 Cons ervation11 )      ,          and Tracts 11 D 11 and 11 E 11 (the "Tot Lot" and "Park") , as shown on the Plat of ROSE BAY PHASE ONE, as recorded in the Public Records of Orange County, Florida.
The maintenance, repair, replacement, lighting and irrigation of all main entrance features, walls, electronic gates, signs, and landscaping located on the Property known as Tract "H" and all Wall Easements, as shown by the Plat of ROSE BAY PHASE ONE, as recorded in the Public Records of Orange County,
Florida.
The maintenance, repairs, and replacement, of all streets, located on the Property known as Tract "H" (collectively, the 11 Streets 11 ) , as shown on the Plat of ROSE BAY PHASE ONE, as recorded in the Public Records of Orange County, Florida.
Tract "G", as shown on the Plat of ROSE BAY PHASE ONE as recorded in the Public Records of Orange County, Florida, is a lift station tract dedicated in fee simple to Orange County, Florida, and is not subject to the terms and conditions Cit
this Declaration.
"Lot or Lots" means the 128 Lots which are subject to exclusive, fee simple ownership; said Lots being designat,ed as Lots
1 though 128 on the Plat of ROSE BAY PHASE ONE, according to the
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Description : Orange,FL Document-Book.Page 6397.3943 Page: 2 of 37 Order : becky Comment

11111111111111[111111/IIJ 1111
OR   Bk   6397_pg  3'94:5
Orange Co FL cflMl-0533632

Plat thereof, as recorded in the Public Records of Orange County, Florida.

11

Com rnon	Exp enses' means	(1)	expenses of admin istratio n
and	management	and maintenance of the Association Property·	(2)
expenses. declared	common	expenses	by	the	provisions	of' this
Declaration or the By-Laws; and (3) any valid charge against the Association as a whole.

"Common Property" shall mean and refer to all real property and any improvements located  thereon,  and  all  personal pr perty, from  time to time intended to be devoted to  the use and en Jo y ment of all Members of the Association and maintained by the As sociation at Common Expense.

"Common Surplus" means the excess of all receipts of the Association, including, but not limited to, assessments, rents, profits and revenues over and above the amount of money expended as common expenses.

11 D eclarant 11 means ROSE BAY DEVELOPMENT PARTNERS, LC, A FLORIDA LIMITED LIABILITY COMPANY, its assigns, designees, nominees and successors-in-interest, and MORRISON HOMES, INC., A DELAWARE CORPORATION, its assigns, designees, nominees and successors-in­ interest.
"Developer" means ROSE BAY DEVELOPMENT PARTNERS, LC, A FLORIDA LIMITED LIABILITY COMPANY, its assigns, designees, nominees and successors-in-interest.

"Institutional Lender 11 or "Institutional Mortgagee" means a bank, savings and loan association, insurance company, mortgage company, real estate investment trust, pension fund, pension trust, Federal National Mortgage Association, Federal Home Loan Mortgage Association, or any other generally recognized institutional type lender or its loan correspondent, or any agency of the United States Government, the State of Florida, or the County of Orange.
110 wner 11      or  "Member" means that person or entity owning a Lot or Lots in ROSE BAY PHASE ONE.
"Subdivis ion" means ROSE BAY PHASE ONE, according to the Plat thereof, as recorded in the Public Records of Orange County, Florida.
"Surface Water or Stormwater Management System" means a system which is designed and constructed or implement d to cont ol discharges which are necessitated by rainfall events, 1.ncorporat1.ng
methods to collect, convey, store, absorb, inhibit treat or reuse water to prevent or reduce flooding, over-drainage, environmen al deqradation, and water pollution or otherwise affect the quantity and quality of discharges.
3

Description. Orange,FL Document-Book.Page 6397.3943 Page: 3 of 37 Order.- becky Comment:

ARTICLE II

lllll llll 11111111111111111111

J:lg

OR   Bk  6397 _	3946
Orange Co FL ZWl-0533632

PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS HERETO

I	I

	Property	Subject	to	Declaration.	The	Property	as	more icularly defined  in Article  I (F), exclusive of Tract G		is
and  shao 1	be, transferred, so:d, conveyed, and occupied subject to
this Declaration. All Surface Water or Stormwater Management
Systems are hereby included within the definition of the property which is the subject of this Declaration.

Easement for Access and Drainage. The Association shall have a perpetual non-exclusive easement over all areas of the surface water or storrnwater management system for access to operate, maintain, or repair the system. By this easement, the Association shall have the right to enter upon any portion of any lot which is a of the surface water or stormwater management system, at a reasonable time and in a reasonable manner, to operate, maintain, or repair the surface water or stormwater management system as required by the St. Johns River Water Management District permit. Additionally, the Association shall have a perpetual non-exclusive easement for drainage over the entire surface water or stormwater management system. No person shall alter the drainage flow of the surface water or stormwater management system, including buffer areas or swales, without the prior written approval of the St. Johns River Water Management District.

Access Easements. Each Owner or Member shall have non­ exclusive access easement rights over all streets located on the Property and designated or known as Tract "H" (collectively, the "Streets11  )     ,        as shown on the Plat of ROSE BAY PHASE ONE, as recorded in the Public Records of Orange County, Florida
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS

Every owner of a Lot which is subject to Assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to Assessment.
The Rose Bay Homeowners Association shall be composed of all title owners of a fee simple estate in an individual lot or lots of the Subdivision. Each Owner is also a Member of the Association, and only Owners are entitled to be Members of the Association. The Association shall be charged and vested with powers pursuant to this Declaration, or as may be prescribed by law and set forth in the formation documents and By-laws of the Association, as hey may from time to time be amended.

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Description Orange,FL Document-Book.Page 6397.3943 Page: 4 of 37 Order.· becky Comment:

ARTICLE IV

11111111111111111111111111111
DR  Bk   6397 Pg  394	7
Orange Co FL 28Wl-e533632

COVENANT FOR MAINTENANCE ASSESSMENTS

Common. Expens s of the Association shall include expenses of the operat ion , maintenance, repair or replacement the Common Property , cos ts of carrying out the duties o f the As sociation , and surface wate.r and stormwater management systems , and any other expenses designated as common expenses by this Declaration and the By-Laws.

Common Expenses shall be shared by the Lot Owners in accordance with their respective interests. Each Lot is req uired to pay l/128th of the Common Expenses of the Association.

The Association, through its Board of Directors, shall have th e power to fix and determine from time to time the sums necessary to provide for the Common Expenses of the Association. A Lot Owner, regardless of how title is acquired, except as otherwise provided below, shall he liable for all assessments coming due while the Owner of a Lot. In a voluntary conveyance, the grantee shall be jointly and severally liable with the granter for all unpaid assessments against the latter for the latter's share of the Common Expenses up to the time of such voluntary conveyance.
The Association shall estimate from time to time the amount of Common Expenses it expects to incur and the period of time involved therein and may assess sufficient monies from Lot Owners to meet this estimate.	Assessments for Common Expenses shall be borne by Lot Owners, and Assessments shall be payable yearly or in other installments and at such times as may be fixed by the Board of Directors.
Should the Association, through its Board of Directors, at any time determine that the Assessments made are not sufficient to pay the common expenses or, in the event of emergencies, the Board of Directors shall have the authority to levy and collect additional Assessments to meet such needs of	the Association.
The Board of Directors of the Association, in assessing for common expenses, shall include therein a sum to be collected and maintained as a reserve fund for replacement of Common Property for the purpose of enabling the Association to replace structural
elements and mechanical equipment constituting a part of the Common Property, as well as the replacement of person l property which may be a portion of the Common Property.	Allocations to such reserve fund shall	be established	in an amount		such  as to accrue	and maintain a sum reasonably necessary to anticipate	the need	for replacement		of	Common	Property.	The  Board of	Direct.ors of the Association shall collect regular and special assessments for the repair and maintenance (including resurfacing} of the streets and repair and maintenance of the drainage system, such asse,ss ments to be in an amount	or amounts sufficient	for such routine annual

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Description: Orange,FL Document-Book.Page 6397.3943 Page: 5 of 37 Order: becky Comment.

maintenance.

lllllllllllllllll\11111111111
OR  Bk  6397 -l?g 3948
Orange Co FL 2001-8533632

The Board of Directors of the Association, in assessing for Common Expenses, may include therein a sum to be collected and maintained as a general operating reserve  which shall be used to p ovide a measure of financial security during periods of difficulty . Suc h sums may be used to meet deficiencies from time to ti e existing as a result of delinquent payment of assessments by Unit Owners or as a result of emergencies.
The Board of Directors of the Association shall establish a fund for reserves for periodic major maintenance to the streets and drainage systems, including ponds, with minimum level reserves to be maintained in perpetuity and replenished from time to time as necessary, by assessment, and such minimum level of reserves shall be in such amount or amount approved by the Board of Directors in accordance with the requirements set forth herein. Al1 street and/or drainage system funds shall be held in accounts separate and apart from all other Association funds.

The Board of Directors shall make assessments and collect on assessments for annual routine maintenance of the streets and drainage systems, such assessments to be in an amount or amounts approved by Orange County prior to recordation as sufficient for such routine annual maintenance. The Association shall also establish a fund for reserves for periodic major maintenance to the streets and drainage system, including ponds, with minimum level of reserves to be maintained in perpetuity and replenished from time to time, as necessary, by assessment, and such minimum level of reserves shall be in such amount or amounts approved by Orange county. All street and/or drainage system funds shall be held in accounts separate and apart from all other Association funds. There shall be an annual audit or other financial report in form and detail acceptable to the Orange County Comptroller to be submitted to orange County confirming the existence of the
aforesaid funds.
0 . There shall be an inspection of the streets and drainage systems by a registered engineer every three (3) years. This inspection shall, using good engineering practice, determine the level of maintenance and identify any needed repairs. The inspection shall be written into a report format. Within sixty
(60) days of receipt of each annual engineering report, the Association shall complete all remedial work recommended by the engineer. The engineering report shall be submitted to Orange County's engineer within fifteen (15) days of completion of the
report.
All streets shall be resurfaced at least once every twelve
(12) years.

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lllll llllllllllllllllllllIlll
DR   Bk   6397 Pg  3949
Orange Co FL 2001-0533632
All sales contracts for the sale of Lots in ROSE BAY PHASE ONE shall expressly disclose the requirements set forth in Section 34-
0 of the Orange County Code, as may be amended from t to time directly, and not by reference, including contracts for resales.'

7

The A sociation shall hold Orange County harmless from any cost of maintenance and reconstruction of, or tort liability or award of damages related to or stemming from, the streets and/or drainage y s t m: The Association shall indemnify Orange County for any tort 1ab1l1ty or award of damages related to or stemming from the streets and/or drainage system.

The homeowners shall receive no discount in property or other taxes because of the existence of private streets or   drainage system.

Upon default by the Association in any of the requirements set forth in this Article IV, Orange County, at its option, and after due notice of its declaration of a default and the stated time to cure, may remove the gates and upon dedication of the rights of way assume responsibility for maintenance, using the available Association revenues, or if none or an insufficient amount exist, use other financing methods as Orange County may elect.

Traffic control shall be enforced by the Orange County Sheriff. All cost borne by the Orange County Sheriff shall be paid by the Association.
All monies collected by the Association shall, unless the same is collected for the benefit of others, be the separate property of the Association. Such monies may be applied by the Association to the payment of any expense of operating or managing the Association or Common Property, or to the proper undertaking of all acts and duties imposed upon it by virtue of the provisions of this
Declaration.
Except as provided elsewhere herein, all monies received from assessments may be commingled with other monies held by the Association. All assessments received by the Association shall be held for the benefit of the Lot Owners. No Lot Owner shall have the right to assign, hypothecate, pledge or in any manner transfer his interest therein, except as an appurtenance to his Lot. Such funds shall not be subject to attachment or levy by a creditor or judgment creditor of a Lot Owner. When the Owner of a Lot shall cease to be a member of the Association by the divestment of his ownership of such Lot by whatever means, the Association shall not be required to account to such Owner for any share of the funds or
assets of the Association.
Liability for assessments may not be avoided by abandonment of a Lot, or by waiver of the us.e of any Common P.roperty or other property which an Owner is entitled to use or enJoy.
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llll

lllll	lllllllllll 111111111
DR  Bk  6397_l'g  3950
Orange Co FL e081-1533632
ssessments  not paid  within ten (10) days of when due shall  b ar interest from the date when due until paid at the rate of eighteen percent, (1 %) per annum. Additionally, the failure to pay any asses me t within ten (10) days from the date due shall entitle the Ass ciation to levy a $25 late charge per month against the defaultiD:g Lot Owner. P yli'.ents made shall be applied to late charge, if any thereto, interest, and then to principal. The Association, shall furnish to the mortgagee of any Lot, upon its request, written notification of any default in assessment payments of the Owner whose Lot is encumbered by that mortgage.
The Association has a lien on each Lot to secure the payment of assessments. The claim of lien shall secure all unpaid assessments which are due and which may accrue subsequent to the recording of the claim of lien and prior to the entry of a certificate of title, as well as interest and all reasonable costs and attorneys' fees incurred by the association incident to the collection process. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien.

Liens for assessments may be foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on real property. The Association may bid at any sale and apply as a cash credit against its bid all sums due the Association covered by the lien being enforced. In any suit for the  foreclosure of said lien,  the  Association  shall  be  entitled, subject to the approval of a court of competent jurisdiction, to rent from the Owner of any Lot, from the date on which the payment of any assessment or installment thereof became delinquent, and shall be entitled to recover an amount equal to the rental charged on comparable types of Lots in Orange County, Florida.
A first mortgagee who acquires title to a Lot by foreclosure or by deed in lieu of foreclosure shall be liable for the unpaid assessments that become due after the mortgagee's receipt of the deed or certificate of title in the manner and to the extent provided for in this Declaration.
The unpaid share of Common Expenses or assessments are common expenses collectible from all of the Lot Owners, including such acquirer, acquirer's successors and assigns. It is understood that such acquirer shall be liable for acquirer's share of common expenses or assessments attributable to _acqu rer' Lot from. the date  of  acquir	said Lot. Except as provided  in  this  Declaration, no Lot Owner may be excused from the payment of Lot Owner's proportionate share of the Cammon Expenses of the Association unless all Lot Owners are likewise proportionately excused from
such payment.
The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the Lot Owners and for the improvement and maintenance of any Common

8

Description. Orange,FL Document-Book.Page 6397.3943 Page: 8 of 37 Order: becky Comment:

11111111111111111111111111111
OR  Bk   6397 Pg  3951
Orange Co FL 2001-0533632

Property and public rights-of-way and easements.

Assessments shall also be used for the maintenance of the Surf c Water or Stormwater Management systems, but	noc	limited	to,	work	within	retention	areas, structures, and drainage easements.

and repair including, drainage

E ch lot owner, including builders, shall be responsible for the		maintenance,	operation,	and		repair	of		any			drainage		swales constructed on the lot, if any.	Maintenance, operation, and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by	the	St.	Johns	River	Water		Management	District.	Filling, excavation, construction of fences, or otherwise obstructing the surface water flow in the swales is prohibited.		No alteration of the Drainage		Swale		shall		be authorized		and		any damage		to any Drainage		Swale,	whether		caused			by	natural		or human-induced phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Owner(s) of the lot(s) upon which the Drainage Swale is located.

The Association shall	be responsible	for	the maintenance, operation and repair of the surface water or stormwater management system.	Maintenance of the surface water or stormwater management system(s) shall	mean the exercise of practices which allow the systems to provide drainage, water storage, conveyances, or other surface water or stormwater management capabilities as permitted by the St.  Johns  River Water Management	District.		Any repair or construction of the surface water or stormwater management system shall be as permitted or, if modified, as approved by the St. Johns River Management Distr ict.

The 1ien of the assessments provided for herein shal1 be subordinate to the lien of any institutional mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
The annual assessments provided for herein shall commence as to all Lots on the first day of the month after six months from the recordinc of the Plat of ROSE BAY PHASE ONE. The first annual assessment shall be adjusted according to the number of mont s remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each ot at !east thirty days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board

9

Description: Orange,FL Document-Book.Page 6397.3943 Page: 9 of 37 Order: becky Comment.

I	I

I I II I  III llIlI IIII  I I  IlIlI I I I
OR   Bk   63"37  Pg 3"352
Orange Co FL 2001--0533632
of	Directors.	The Association	shall	upon demand	and	for	a reasonable charge, furnish a   certificate signed by	a	officer of the .A sociation,	setting	forth		whether		the	Assessments		on	a pec1f1ed.Lo  have been paid.	A properly executed certificate of he Association as to the status of Assessments on a Lot is bindina
upon	the	Association	as	of	the		date	of	its	issuance.		Th assessments	shall	be payable		in	advance	in one		payment	or		in m nthly or quarterly  installments  as determined by		the Board of Directors.

Entryway gates shall be equipped with an audio (siren) override device to allow emergency access to the subdivision by fire/rescue, sheriff and other emergency response personnel. Such audio override device shall be approved in writing by Orange County Fire & Rescue Service Division prior to installation of the gates and, therefore, prior to replacement of any existing audio (siren) override device previously approved by Orange County Fire & Rescue Service Division.
All streets and drainage systems shall be constructed, and thereafter maintained to county standards and shall comply with the applicable provisions of the Orange County Code. The privilege of having a gated community runs with the land and is subject to forfeiture for failure to comply with any of the following conditions. Upon forfeiture of the privilege, the Orange County
has	the right to remove the gates and, upon dedication of the
subdivision rights-of-way, to assume responsibility for street and drainage system maintenance. This gated community shall comply with the following conditions:
Streets	and	drainage	systems	shall	be	designated	as separate tracts.
Street and drainage system tracts shall be owned by the Association.
No property rights may be transferred to Orange County, or any other governmental entity without concurrence of one hundred percent {100%) of the property owners.
All streets and drainage systems shall be constructed to orange County standards and shall. comply with the
provisions of Orange County Code s ct1on 34 203 and 34-
204 regarding letters of credit; certificates of completion and approval for maintenance as if the streets and drainage system were public improvements.

e.

The entryway gates shall be equipped with  an  audio (siren) override device to allow emergency access to the subdivision by fire/rescue, sheriff and other emergency response personnel. Such audio override device shall be submitted to and, upon review, deemed acceptable by the

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Description. Orange.FL Document-Book.Page 6397.3943 Page. 10 of 37 Order: becky Comment:

Orange County Fire and	Rescue Sorvice installation of the gates.

Ii111111111 llI  IJII fl111111111
DR  Bk 6397 _ l='g 3953
DepJna!DIJe rOl3  J.(ft:i£ile  SJ.3632
Orange Co	L	1

f.		The entryway gates shall include a box labeled orange County Utilities for a master lock padlock to hold the key for access through the gate. The box must be installed prior to acceptance of the utilities by Orange County.

3. Upo any efault by the Association in any of the requirements imposed by this Declaration, Orange County, at its option, and after due notice of its declaration of a default and the stated t me to cure, may remove the gates and upon dedication of the right -o -way, assume 7esponsibility for maintenance, using those
Association	funds dedicated	to streets	and/or drainage	systems
maintenance and repair, or if none or an insufficient amount exists, use other financing methods as Orange County may elect.

34. The Association indemnifies and holds the County harmless from any loss, cost, damage or expense, including reasonable attorneys' fees at the trial level and in any appellate or bankruptcy proceeding, arising, directly or indirectly, out of (i) maintenance, repair and/or drainage systems, or (ii) tort liability related to or stemming from the streets and/or drainage systems. The duty to so indemnify, defend and hold harmless the County shall be that of the Association and the Developer, jointly and
severally, but the duty of the Developer shall exist only for the period of time that the Developer controls the Association, and the recours of the County as respects the liability of the Developer shall extend only to the right, title, interest and/or estate of the Developer in or to any of the platted lots.
ARTICLE V ARCHITECTURAL CONTROL

Architectural Control and Architectural Review Board (the "ARB"). All Lots and improvements in the Subdivision are subject to architectural and environmental review. This review shall be in accordance with this Article and the Criteria described below. No site-work, landscaping, utilities extensions, drainage improvements, paving, parking areas, building, fence, wall or any other physical or structural improvement, or change or alteration to the exterior of any existing structures or improvement, or to any existing landscaping, shall be commenced, erected or mainta ned until the plans and specifications showing the nature, s 7z e,
workmanship,	design,	signs,	shape,	finished	gra?e	elevat7on,
height, materials and color of the same, together	ith a detailed
landscape plan and a plot plan showing the locatio _relative to boundaries and adjacent improvements of such proposea impr v ments or changes, shall have been submitted to and approved i writing_by the Architectural Review Board (the "A. B11 ) as to c".nsi tency w7th the harmony of exterior design and materials, location in relation
11

Description.· Orange, FL Document-Book.Page 6397.3943 Page: 11 of 37 Order- becky Comment.

pg

lllllllllllllllllllllllllllll
OR  Bk 6.397 _	3954
Orange Co FL 2001--0533632
to surrounding structures, and drainage features and topography.

he ARB shall promulgate and revise from time to time the Planning Criteria for the Subdivision. The Planning Criteria shall be et fo h in writ n nd made available to all builders doing

7

business in the Sub ivis1on, and to all Members and prospective Members of the Assoc tion. The P anning Criteria may include any and all matters consiaered appropr ate by the ARB not inconsistent w t t e pr,ov_isions of this Declaration, including without limitation minimum square footage requirements for residential dwelling units. In no event, however, shall the square footage for any residential dwelling unit be less than 1,200 square feet.

So		long		as			the Declarant		owns  any lands subject	to	this Declaration	or	any		Supplemental		or		Amended	Declaration,		the Declarant shall	be entitled to appoint all members of the ARB. Thereafter, the membership of the ARB shall be determined by the Board of Directors of the Association.	The ARB shall consist of no less than three (3)	members, none of whom shall be required to be owners or occupants of the Subdivision.		The Declarant may at any time assign in writing its powers of removal or appointment to any entity  or  person,  subject  to such terms and conditions		as the Declarant may choose to impose.	Nothing herein contained shall be deemed	to	limit		the right  of  an  Owner to finish	or	alter		the interior of the Owner's improvements as the Owner deems appropriate or desirable.			The concurrence of			a majority of the members of the ARB shall be required for any decision of the ARB.

The conclusion and opinion of the ARB shall be binding. If in its opinion, for any reason, including purely aesthetic reasons, the ARB should determine that any proposed improvement, alteration, etc., is not consistent with the letter or intent of the Planning Criteria or the Development Plan, such alteration or improvement
shall not be made.
Approval or Disapproval. Unless waived by the ARB, all plans and specifications shall be prepared by a qualified residential designer or architect, and said person to be employed by and at the expense of the Owner making the application. Approval of the plans and specifications may be withheld not only because of noncompliance with any of the specific conditions, covenants and restrictions contained in this Declaration, but also by virtue of the reasonable dissatisfaction of the ARB with the location of the structure on the lot, the elevation, the color scheme, the finish, design, proportions, architecture, drainage plan, shape, height, style and appropriateness of the proposed struc ures or alt red structures, the materials used therein, the planting, landscaping, size, height or location of vegetation on the property, or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable ju,dgement o.f the ARB, will render the proposed item of improvement in harmonious or out of.kee ing with the Planning Criteria. Two (2) sets of plans, specifications
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Description. Orange.FL Document-Book.Page 6397.3943 Page: 12 of 37 Order: becky Comment:

11/llllllllllllllllllllllllll
OR   Bk   6397_Elg  3955
Orange Co FL 2001-8533632
and plot plans shal be submitted to the ARB by the Owner clearing
the	ot an_d commenc1ng construction upon the lot.	The own er shall
obtain_a written receipt for the plans and specifications from an authorized agen of the ARB.	Plans and re-submittal thereof shall be approved		r disapproved within thirty (30) days after receipt by the ARB.	ailure of the ARB to respond in writing to a submittal or re-submittal of plans within such period shall be deemed to be an approval of the plans as submitted or resubmitted.	The ARB
ppro a or disapproval, as required by this Declaration, shall be in wr1t1ng and shall accompany one (1) copy of the plans, etc., to be r t rne to the Ow er. Whenever the ARB disapproves plans and spec7f1c at1ons, the disapproval shall be accompanied by a written
outl 7n	of	the	reason	or	reasons	for	such	disapproval.	The
rema1n1ng copy shall become the property of the ARB.	The Board of
Directors for the Association may set nominal fees from time to time for reviewing plans and specifications.

.	Violations;	Waiver.		The work	approved	must	be			performed strictly in accordance with the plans, specifications and plot plans		as	submitted		and	approved.			If,	after	such	plans	and specifications have been approved, the Improvements are altered, erected, or maintained upon the property otherwise than as approved by the  ARB, such alteration.	erection and maintenance shall be deemed to have been undertaken without the approval of the ARB having been obtained as required  by this Declaration.		After the expiration of one	(1)		year from the date of completion of any improvement,	addition or alteration, said improvement		shall, in favor of purchasers and encumbrances in good faith and for value be deemed to comply with all of the provisions hereof, unless a notice of such noncompliance executed by the ARB shall appear of record in the office of the Clerk of the Circuit court of Orange county, Florida, or legal proceedings shall have-been instituted to enforce compliance  with these provisions.	Upon approval of the ARB, it shall		be conclusively	presumed	that			the	location	and			exterior configuration		of any building, structure or other improvement placed or constructed in accordance with the approved plans and specifications does not violate the provisions of this Declaration. The approval of the ARB of any plans or specifications submitted for approval as herein specified shall not be deemed to be a waiver by the ARB of its rights to object to any of the features or elements embodied in such plans or specifications if or when the same features or elements are embodied in any subsequent plans or specifications submitted, nor shall its approval be deemed approval· of any plan or design from the standpoint of structural safety or conformance with building or other codes.

variances. The ARB may authorize variances from compliance from any of the architectural provisions f t is Declar ti?n or the Planning Criteria, includ ing  without lim1tat1 n . restr1ct1?ns. upon height, size , or placement or structures, or similar rescr1ct1ons, when circumstances such as topography, natural obs ructions, aesthetic or environmental considerations may require. Such

13

Description. Orange.FL Document-Book.Page 6397.3943 Page: 13 of 37 Order: becky Comment.

I I

I I I I	I I I l 11111111111 [111111l
OR   Bk   6397_ pg  3'956
Orange Co FL 2001-0533632

( !

variances must be evidenced in writing and must be signed by at lea t two  members of  the ARB  and shall be  effective  upon delivery to ne Owner. The granting of such a variance shall not operate to waive in any way the Owner's obligation to comply with all governmental laws and regulations affecting the use of the  Owner' Parc l, Including but not limited to zoning ordinances and
setbacK requirements imposed by t:ie County of Orange.	The ARB
shall have no obligation to grant a variance for similar conditions in a subsequent case.

Waiver of Liability. Neither the Declarant, the ARB, any member of the ARB, or the Association, or any of their representatives shall be liable in damages to anyone submitting plans for approval or to any Owner or Occupant of the Subdivision by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the, approval or disapproval of any plans, or the failure to approve any plans. Every person who submits plans for approval agrees, by submission of such plan, and every Owner or occupant of any Parcel agrees, by "acquiring title thereto or an interest therein, that it will not bring any action, proceeding or suit to recover any such damages. Approval of any building plans, specifications, site or landscape plans or elevations, or any other approvals or consents pursuant hereto or otherwise is given solely to protect the aesthetics of the Subdivision and shall not be deemed a warranty, representation or covenant that such buildings, improvements, landscaping or other action taken pursuant thereto or in reliance thereon compiles with, or is not in violation of, any applicable laws, codes, rules or regulations.

The Declarant, the ARB, or any agent or architect thereof, shall not be responsible in any way for any defects in any plan or specifications submitted, revised or approved in accordance with the requirements of the ARB, or for any structural or other defect in any work done according to such plans and specifications.

This Article may not be amended without the Declarant' s written approval so long as the Declarant owns any Lot in the Subdivision.

Enforcement of Planning Criteria. The Declarant and the Board of Directors shall have the standing and authority on behalf of the Association to enforce in courts of competent jurisdiction the Planning Criteria and the decisior..s of  the ARB.  Should  the Declarant or the Association be required to enforce the provisions hereof by legal action, the reasonable attorneys' fees and costs incurred whether or not judicial proceedings are involved,
including the attorney1s fees and costs.incurred on app al f7om
judicial proceedings, shall be collect:i.ble from the violating Owner. Should any Owner fail to comply  with  the requirements  hereof after thirty (30) days written notice, the Declarant and the Association  shall  have  t:he   right  to  enter  upon  the  Owner's
14

Description: Orange.FL Document-Book.Page 6397.3943 Page: 14 of 37 Order becky Comment:

11111111I  IIIII IIIIIIllllIl I I I
OR  Bk 6397 _Elg 3"9S7
Orange Co FL 2001-0533632
property, make s id	orr ctio s or modifications as are necessary, or re:11ove,..., a.nyth.1ng in v1olat ion of the provisions hereof or the lann1ng	r1ter1a, and charge the cost thereof to the Owner.	The Declaran and the Association, or their agents or employees, shall not be liable to the Owner or to any occupant or invitee of any Lot for any tresp ass or damages or injury to the property or person
unless caused by negligence or intentional wrongdoing.
Term of Approval. Approval by the ARB shall be effective for a period of one (1) year from the date the approval is given, or one (1) year from the expiration of the thirty (3 o) day period specified in Section 2 hereof where approval is not expressly granted or denied. If construction has not commenced within the said one (1) year period, the approval shall have expired and no construction shall thereafter commence without written renewal of such prior approval. Written renewal of prior approval may be denied by the ARB in their reasonable discretion.

ARTICLE VI EXTERIOR MAINTENANCE

Owner's Responsibility; Default. It shall be the affirmative duty of each Owner at all times to keep and maintain the improvements, landscaping and stbrmwater drainage and retention improvements located on and serving to drain only its Lot In good and presentable condition and repair consistent with the approved plans and Specifications therefor. The Association shall have the right to provide exterior maintenance upon any Lot and improvements thereon in the event of default by any Owner In that Owner's duties hereby imposed; subject, however, to the following provisions. Prior to performing any maintenance on an Owner's property, the Board of Directors of the Association shall determine that same is in need of repair or maintenance and is detracting from the overall appearance of the Subdivision. Except in the event of an emergency, prior to commencement of any maintenance work, the Board of Directors must furnish fifteen (15) days' prior written notice to the Owner at the last address listed in the Association's records for said Owner notifying the Owner that unless certain specified repairs or maintenance are commenced within said fifteen
(15) day period and thereafter diligently pursued to completion, the Association may procure said repairs and charge the Owner for same. Upon the failure of the owner to act within said period of time and to thereafter diligently pursue repairs or maintenance, the Association shall have the right, but not the obligation, to enter in or upon any Lot and the exterior of any improvements located thereon, or to hire personnel to do so, to make such necessary repairs, or maintenance as i,s pecified in the wri ten notice. In this connection, the Association shall have the right but not the obligation to do such things as, but not limited to, pain , repair, replace and care for roofs, gutters, downspouts and exterior building surfaces, clean or resurface paved access ways and parking areas, trim and care for trees, shrubs, grass,  walks,
15

Description: Orange,FL Document-Book.Page 6397.3943 Page: 15 of 37 Order.· becky Comment.

lllll llllllll1111111111111111
OR Bk  E.397 _Pg 3958
Orange Co FL 2001-0533632

swales, berms an? other landscaping and drainage improvements, as well as to provide general cleanup, maintenance and removal of debris;, which in the opinion of the Association, detracts from the overall beauty and setting of the Subdivision. The Declarant and the Association, or their agents or employees, shall not be liable to the Owner for any trespass or damages or injury to the property or person of the Owner or the occupants or invitees of the affected Lot or improvements thereon unless caused by negligence or intentional wrongdoing.

Assessment of Cost. The cost of the repair or maintenance referred to in Section 1 shall be assessed as an individual assessment against the Owner of the Lot or improvements upon which such maintenance is done. Said individual assessment shall be secured by a lien upon the affected Lot and improvements and shall also constitute a personal obligation of the Owner. The individual assessment shall be collectible, along with interest at the highest rate allowed by law from date of expenditure to date of payment by the Owner, and costs of collection and attorneys' fees, in the same manner as delinquent annual assessments.
Access at Reasonable Hours. For the purpose of performing the repairs or maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right to enter upon any Lot and the exterior of any improvements thereon during reasonable hours on any day except Sundays and national holidays, except that in an emergency situation, as determined by the Board, entry may be made on any day and at any hour.
Association Maintenance Responsibility. The Association shall maintain and keep in good repair the Common Property amid Areas of Common Responsibility.
ARTICLE VII
RESTRICTIVE COVENANTS

The Properties shall be subject to the following restrictions, reservations and conditions which shall be binding upon each and every Owner and every Owner's heirs, personal representatives, tenants, invitees, successors and assigns, as follows:
1. Landscaping.  Landscaping on each Lot and stormwater drainage and retention features located on and serving only that Lot shall be continuously maintained in good, aesthetically pleasing condition by the Owner thereof. Owners shall maintain their lawns by mowing and edging to prevent overgrow.th and trees and shrubbery shall be maintained to prevent obstruction of roads and walkways. Landscaping as approved by the ARB ,sha,11 be installed prior to occupancy or completion of any buil_dings (as e:'idenced by a certificate of occupancy or its equivalent), whichever occurs
first.
16

Description: Orange,FL Document-Book.Page 6397.3943 Page: 16 of 37 Order: becky Comment:

\IIll IIIIIIllllllll\1111\11\1
OR   Bk   6397 Pg 3959
Orange Co FL 2001-0533632
2 ..		?bnox  ous  or Offensive Activity			No obnoxious or offensive activ ty	nall be allowed upon the Subdivision, nor shall any use or	practice		be			allowed		which		is		a	source	of	annoyance embarrassment or discomfort to Owners or their tenants or invitees' or.which interferes with the peaceful possession and proper use and enJoymen of the Lots, nor shall any improper unsightly, offensive or unlawrul ase be made of any Lot, improvements thereon or of the Common	Property,		nor	any	part	thereof,		and	all			laws,	zoning ordinances,	and	regulations		of	all	governmental		bodies	having jurisdiction shall be observed.

The use, enjoyment and occupancy of the Lots shall be in such a manner so as not to cause or produce any of the following effects discernible outside buildings located thereon or affect the adjoining property or any portion or portions thereof: noise or sound that is objectionable because of its volume, duration, intermittent beat, frequency or shrillness; smoke; noxious or toxic or corrosive fumes or gases; obnoxious odors; dust, dirt or fly ash; unusual fire or explosive hazards; or vibration. The normal activities surrounding construction of an ARB approved residence shall not violate the prohibition contemplated herein.

Rules and Regulatior.s. Rules and regulations promulgated by the Board of Directors of the Association as to the use and enjoyment of the Subdivision shall be observed by the Owners and occupants thereof. Such rules and regulations may involve such matters as air conditioning units, signs, mailboxes, temporary structures, noisy mufflers or other nuisances, garbage and trash disposal, clotheslines. parking, vehicle traffic and the state of repair of vehicles, tree removal, gutters, pets, game and play structures, swimming pools, television antennae, driveways, walkways, sight distances at intersections, garages, and fences. These matters are set out by way of illustration only and shall not be construed to limit the authority of the Board of Directors to promulgate and enforce rules and regulations. Such rules and regulations may augment or clarify the terms of this Declaration or any provision, covenant or, restriction herein contained. Copies of such ru:es and regulations shall be made available to each Owner prior to the time same become effective.
Pets.	Dogs, birds and cats may be kept In reasonable numbers as	pets	only,	and	shall	not	be	sold	or	offered	for	sale	or maintained or bred for any commercial use.	Birds, dogs, and cats which are kept as pets shall be sheltered inside structures; no animal  shelter  shall be permitted		outside other than customary structures  as approved by		the ARB.			All dogs and cats must be leashed when outside and shall not be permitted to run loose.	No other		animals,		fowl,	reptiles		or			livestock	shall		be	_kept	or maintained  in the Subdivision.			No animal shall be permitted to remain if it disturbs the tranquility of the Subdivision or the owners or tenants thereof.

17

Description. Orange,FL Document-Book Page 63973943 Page: 17 of 37
Order: becky Comment.

11111111111111111111111111111
OR   Bk   6397 Pg  3960
Orange Co FL 2001-8533632
9arbage and Trash,	No trash, garbage or other waste materia l or refuse shall be placed or stored on any part of the Subdivision excep In covered or sealed		a itary con ai ers.		All such sanitary conta in ers	us be stored within each building buried underground, or placed w1th n an		n losure or concealed by means of a screening wa l .of	material	similar	to	and	compatible	with	that	of	the eu 1l d 1ng . . T hese elements shall be integrated with the concep t of
he b ilding plan, shall  be  designed  so as not  to  attra ct atte tion, and shall be located in the most inconspicuous manner possible. Rules regarding periodic pick-up of trash removal sha ll
be set from time to time by the Board of Directors of the Association.

Storage  Recepta cles.  No  fuel  tanks or similar  s orage  r ceptacles may be exposed to view, and same may be installed only within an approved accessory building, within a screened area, or buried underground, and shall otherwise comply with standards
established from time to time by the Board of Directors of the Association.

Vehicles and Repair. No inoperative cars, motorcycles, trucks or other types of vehicles shall be allowed to remain either on or adjacent to any Lot for a  continuous  period  in  excess  of forty - eight (48) hours; provided, however this provision shall not apply to any such vehicle being kept in an enclosure and not visible from the street or any neighboring Parcel. Additional rules and regulations regarding use, repair and storage of vehicles in the Subdivision may be promulgated from time to time by the Board of Directors.
Temporary Structures. No building or structure of a temporary character, including trailers, tents and shacks shall be permitted in the Subdivision; provided, however, temporary improvements used solely In connection with the construction of ARB approved permanent improvements shall be permitted so long as located as inconspicuous ly as possible and removed immediately upon completion of such construction.

.  Sig ns.  No signs, advertisements, billboards, solicitation or advertising structures of any kind shall be erected. modified or maintained on any Lot unless prior written approval of the ARB is obtained.  The restrictions of this  section shall not apply to the Declarant or any builder approved by the Declaran t.
Air-Conditioning Eguipment. No air-con ditioning equipment which is visible on the exterior of any improvement shall be permitted in the Subdivision unless approved by the ARB. Approval shall be based upon adequacy of screening and/or landscaping of such equipment. The ARB may prohibit window air-conditioning units altogether or impose stricter standards.
Drainage Structures.	No person (other than the Declarant), 18

Description. Orange.FL Document-Book. P age 6397.3943 Page: 18 of 37
Order: becky Comment.

1111[ 11111111111111111111111)
DR Bk 6397 _ E'!I 396	1
Orang& Co FL 2001-9533632

alter or,	d'f	'	o s rue ,

without he prior written approval of the ARB shall b t t
. 1 .	n	any way mo i	Y the method and/or structures of drainage uti_i e . or now or hereafter installed by	the Declarant or the
Associa ion from, on and over any Lot, Common Property or any Area of Common R spo:isibili Y; nor shall any structure be erected, pla ed or main a n d whic shall in any way obs truct suc h drainage devices or facilities or impede their efficient operat ion.

Antennae. No outside antenna, Including without limitation any television, radio, microwave or dish antenna, shall be erected,
used or maintained in the Subdivision without the prior written approval of the ARB.

Subdivision. No part of the Subdivision or any Lot therein shall be further subdivided without the prior written consent of the Declarant for so long as the Declarant owns any lands in the Subdivision, and thereafter by the Board of Directors.
Completion of Construction. After commencement  of construction of any improvements in the Lots, the Owner shall diligently prosecute the work thereon, to the end that the improvements shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. The Owner of the Lot on which improvements are being constructed shall at all times keep public and private streets contiguous to the Parcel free from any dirt, mud, garbage, trash or other debris which might be occasioned by construction of the improvements.

Excavation. No clearing or excavation shall be made except in connection with the construction, maintenance or repair of an improvement; and upon completion thereof exposed openings shall be backfilled, and disturbed ground shall be leveled, graded and sodded, as provided on the approved plans for landscaping.
Maintenance of Protective Screening. Any protective screening constructed along exterior Lot lines as a buffer against the encroachment of noise, dust and/or visual pollu:.ion, or other adverse influences, shall be maintained by the Owners of such Parcel, at such Owner's expense, including the repair and replacement thereof from time to time, for so long as such buffer shall continue to be necessary by virtue of the continued adverse influence on the adjacent properties, which such necessity shall be determined by the ARB.
Utility Service. No service lines shall be constructed, placed or maintained anywhere in or upon the Subdivision unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or an buildings or other approved improvements; provided electrical transformers may be permitted if properly screened. and approved by the ARB. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone service poles incident to the
19

Description. Orange.FL Document-Book.Page 6397.3943 Page: 19 of 37 Order : becky Comment:

lllIl l/11 II 111111111111111111
OR  Bk   G397 Pg 3'9G2
Orange Co FL 2001-0533632
construction of approved improvements. The foregoing requirement to  place   11 service  lines 11	underground shall not apply to "transmission lines11      now or hereafter existing on the Subdivisio:-i. As used herein, the term "service line" shall include lines, wires, or other devices for the communication or transmission of electric current or power on any site or part thereof, including without limitation telephone and television signals.

Mailboxes. No mailboxes shall be permitted in the Subdivision unless and unt:il approved by the ARB, and subject to such requirements as may be imposed by the ARB.

Clotheslines. No outdoor clotheslines or other drying facilities shall be permitted in the Subdivision.

Play Structures and Yard Accessories. All yard accessories and play structures, including basketball backboards and any other fixed games, shall be located at the side or rear of the residential structure or to the rear of the residences on corner Parcels, within the setback lines.

Trees. Trees measuring six inches ( 6 11 ) or more In diameter at three (3) feet or more above ground level shall not be cut or removed from the Subdivision without the prior written consent of the ARB unless the trees are located within five (5) feet of the residence or its proposed location as approved by the ARB.
Sidewalks. Sidewalks shall be constructed upon each Residential Unit in accordance with Orange County standards, at the expense of the Owner thereof. A sidewalk in front of the lot and on the side if the Residential Unit is a corner lot, shall be completed on or before the earlier of (i) completion of construction of the residence or (ii) occupancy of the residence.

Leasing or Renting, Leasing or renting of a portion of a Residential Unit less than the whole shall not be allowed. Leasing or Renting for periods of time less than 6 months shall not be allowed.
Fences. All fencing or other enclosures shall be of such dimension, composition and configuration as approved by the ARB.
Swimming Pools. Swimming pools and enclosure are subject to
ARB approval. No above-the ground pools shall be permitted.
Setbacks & Minimum Distance of Property Line.  Front  Yard,  Side Yard, Rear Yard, Rear Pool, and Driveways shall be in compliance with the standards set forth by the County of Orange.

Minimum Residential Area. All residential structures shall have a minimum of 1,200 square feet of 1 i ving area under air­ conditioning.

20

Description: Orange,FL Document-Book.Page 6397.3943 Page: 20 of 37 Order: becky Comment.

ARTICLE VIII SALES OFFICE

111111111I 1111111111 lrJIIIIII
OR  Bk  6397_Pg 3   9  6   3
Orange Co FL a!J01-0533bJ2

For as long as the Declarant owns any property in the Subdivision, the Declarant shall have the right to transact any business necessary to consummate sales of any Lot in the Subdivision, including, but not limited to the right to maintain Model Units, have signs and employees in the offices. Sales office signs and all items pertaining to sales shall remain the property of the Declarant and/or the Declarant's authorized agent.

ARTICLE IX  GENERAL PROVISIONS

Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their legal representatives, heirs, successors and assigns, for a term of Thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of Ten (10) years unless an instrument signed by the then Owners of two thirds (2 /3) of the Lots have been recorded, agreeing to change said covenants and restrictions in whole or in part. Provided. however, that no such agreement to change shall be effective unless made and recorded Three (3) years in advance of the effective date of such changes, and unless written notice of the proposed agreement is sent to every Owner at least Ninety (90) days in advance of any action taken.
Notices. 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 mailed, postage prepaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Enforcement. If any person, firm or corporation, or other entity shall violate or attempt to violate any of these covenants or restrictions, it shall be lawful for the Declarant, an individual Owner, or the Association, (a) to prosecute proceedings for the recovery of damages against those so violating or attempting to violate any such covenants or restrictions, or (b) to maintain a proceeding in any court of competent jurisdiction against those violating or attempting to violate any such covenants or restrictions, for the purpose of preventing or enjoining all or any such violations or attempted violations. Should the Declarant, an individual Owner, and/or the Association be required to enforce the provisions hereof by legal action, the prevailing party shall be entitled to recover all costs and expenses incurred, including the reasonable attorney's fees and costs incurred whether or not judicial proceedings are involved, including the attorney's fees and costs incurred on appeal of such judicial proceedings and shall
21

Descnption· Orange.FL Document-Book.Page 6397.3943 Page: 21 of 37
Order becky Comment

pg

1111111111111l  ltl111111111111
OR  B1-c   6397	3964
Orange Co FL 2 1-r.:'i33632
be ent			led to a 1			. upon the Lot owned by the losing party to secure payment of same. The remedies contained in this provision shall	be		construed		as cumulative		of all other remedies now or hereafter		provided	by law.	The  failure  of the Declarant,	its successors or assigns, any individual Owner, or the Association to enforce		a1:y. covenant		or restriction	or any	obligation,	right, power,		privilege,	authority		or	reservation		herein	contained however long continued, shall in no event be deemed  a waiver of vi lation, or as to any other breach or violation thereof occurring prior to or subsequent thereto.

The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in the Covenants and Restrictions which relate to the maintenance, operation, and repair of the Surface Water or Stormwater Management System.

Severability. The invalidation of any provision or provisions of the covenants or restrictions set forth herein by Judgement or Court Order shall not affect or modify any of the other provisions of said covenants and restrictions which shall remain In full force and effect.
Amendments,	This Declaration may be amended at any time by the Declarant if the Declarant owns a lot in ROSE BAY PHASE ONE, or by	two-thirds	(2/3)	vote	of	the	Association	Members	if	the Declarant no longer owns lot(s) within ROSE BAY PHASE ONE, and any such amendment shall thereafter be recorded in the Public Records Orange County, Florida, and shall thereupon become a part of
this Declaration as though the same were first set out herein.

Any amendment to the Covenants and Restrictions which alter any provision relating to the Surface Water or Stormwater Management System, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District.
Any amendment to this Declaration which alters any of the requirements for gated communities in section 34-290 of the Orange county Code, as may be amended from time to time, must have the   p ior written approval of Orange County.

22

Description.- Orange, FL Document-Book Page 6397. 3943 Page: 22 of 37 Order becky Comment-

ARTICLE X

llIf  IIII II II  111111111111111

I

OR   Bk   6397 Pg 3965
Orange Co FL 2001-0533632

EXPANSION OF THE COMMUNITY AND ANNEXATION BY THE DECLARANT

Declarant may, from time to time, subject to this Declaration, annex any portion of the real property described  in the  attached
Exhibit 11 C 11      (the '1  Ad ditional Property11 )	and, upon such annexation,
the Additional Property shall become subject to this Declaration by recording a "Supplemental Declaration" describing the Additional Property being annexed. A Supplemental Declaration recorded pursuant to this Article X shall not require the consent of any person except the Declarant and the owner of such Additior:al Property, if other than the Declarant.
Declarant' s right to annex the Additional Property pursuant to this Article X shall expire when all of the Additional Property has been subjected to this Declaration or fifteen (15) years after this Declaration is recorded in the public records of Orange County, Florida, whichever first occurs.
Nothing	contained	in	this	Declaration	shall	require	the Declarant,	or		any successor	to	the Declarant,	to subject	the Additional Property, or any portion thereof, to this Declaration or require the development of the Additional Property in any manner what so-ever.

Declarant intends to develop the Property in accordance with the Plat of ROSE BAY PHASE ONE, but hereby reserves the right to modify the Plat of ROSE BAY PHASE ONE, with respect to the Property included	within		the aforesaid		Plat, from	time	to	time	in		its discretion	and	at	its	option,		but	always	in	accordance	with applicable regulatory requirements.	The Declarant shall not be required	to			follow		any		predetermined		order		of		improvement		and develoument		within		the		Plat	of ROSE BAY PHASE ONE, and the Declar nt may annex the Additional Property and develop such Additional Property before completing development of the Property described in the Plat of ROSE BAY PHASE ONE.

23

Description: Orange,FL Document-Book.Page 6397.3943 Page: 23 of 37 Order. becky Comment:

:Jated this	3 /	day of

_ _ ()_C_J-_co_/;_e,-_- _

111'1111111111111111111111111

□

OR   Bk   6397 £lg 3966
ra  nge    Co FL 2001-8533632

_ _	 	_	,	2 001 .

ROSE BAY DEVELOPMENT PARTNERS, LC,
a Florida limited liability company

=-- - - - - - --- - - - - - - - - - - -

By:
Berry J.,	Walker, Jr., Manager

-   ig  n e   d   in	the     pr   e	   e

Signature
ALICIA 8. W,ALMER
Print Name of Witness
STATE OF FLORIDA COUNTY OF ORANGE

follo esses:
-	
SfLVlA T. MAJSONAVE'.

Print Name of Witness

Before me, the undersigned notary public, the foregoing instrument was sworn to, acknowledged and subscribed to before me this day of C)Q,::f-j)bLI   ,  2001 by   Berry J.     Walker, Jr., the
Manager of ROSE BAY DEVELOPMENT  PARTNERS,  LC,  A FLORIDA LIMITED
LIABILITY COMPANY, and who did take an oath.

as identification.

,,., •• Alicia B Walmer
; .My cornmi&1ion CC888685
•,,f/l!i,1 Expires November 16 , 2003
'tt11>.•

(typed-printed or stam e
My Commission Expires:

of Notary)

24

Description : Orange.FL Document-Book.Page 6397.3943 P age : 24 of 37
Order : becky Comment:

lflIl llll IIllllllll llllll1111

2e&i- Jc

DR  Bk  63'97 p	.3
Orange Co FL

Dated this
.:/=:::,.,\
MORRISON HOMES,	INC. /

0 01 .

a Delaware Cor

·

••" /

of

itness Signature

t he

A;f\"it r-	,T-6tO)'hp.sOLJ
Print Name of Witness
STATE OF FLORIDA COUNTY OF ORANGE

following witnesses:

 	

, ;l	

Print Name of Witness

L·/

c:::c,_,,--r92>'e4(	,	:b't:v

Before	me,	the	undersigned	notary	public,	the	foregoing instr e.llt was sworn to, acknowledged and subswbed to before me
this	:;.7 day of	2001 by	 (Zf:S" ·	,  the
of	MORRISON  HOMES,   INC. I     A  DELAWARE  CORPORATION,  and
w.,h,-.. o- d,_i,....d.,,--t_a_ek-an oath.

Chee one:
_ V_	Jl :!>/she is pe  r  s  o  n  a  l  l  y  k  n  o  w  o-....t  o me; or
 		He/she has produced _ _ _ _ _ _ 	_ _ _ _	as identification.
 	i;t-	P=

(typed-printed or stamped name of Notary)

/CJ (	)p::::;;-

My  Commission Expires:	I

25

Description.· Orange,FL Document-Book.Page 6397.3943 Page: 25 of 37 Order: becky Comment .

111111111111111111llllllllll\
OR  Bk    6397  Pg3968
Orange Co FL 2001-0533632

EXHIBIT "A"
LEGAL DESCRIPTION AS SHOWN ON THE PLAT OF ROSE BAY PHASE ONE

26

Description: Orange,FL Document-Book.Page 6397.3943 Page: 26 of 37 Order becky Comment

IIIII  llll llIlI 111111111111111
OR  Bk   63'97 Pg  3'9G'9
DrangP Co FL 2801-0:533632

LEGAL	DESCRIPTION
A  par c el  of	lend   lying   in   Section   30,   To wn ship	21	South,  R ange  29 Ea st ,   Orange   County,   Flc r iaa,   described  as  follows:		Commencing	at the   SE   corner   of   the  NE  1/4	of	said  Se ct io n  30,	run	N 00·09'45" E
along   the  east   l in e  o f   s:::iid   NE  1 /  4,	a  dis ta n ce  of	499.6.3 Fee t , thence N 89"01 '24"   W    o    distance    of    30.00    Feet  to   the	POINT OF BEGINNING,
said   poin t   being  on  the	so u t h line of Rose Cove,  as  recorded  in  Pla t Book  28,	Pa ge 51,	public  records   of   Orange   County,   Flo r id a,   run thence   alo ng  the	west r ight - of- wa y line of Rose  Avenue  the  fo llowi n g  two	courses,    S   00'09' 46"  W   a	distance	of 499.52 Feet; thence
S00' 1 0'08"  W   a   distance  of  10 .4 2		Feet ; run	thence  N  89" 50' 14"	W a distance  of	105.01  feet;  thence	S00'09'46"  W  a	distance of	39.87 feet:   thence  N  89"01'	24"   W a  distance	of 6 13 .57 f eet ; thence S 00"
58'	36"	W   a aistance  of	1 1 2.7 5	feet:  thence  S  59·01·24"  E  a  distance of   6.00  feet;  tr.ence	S   00'58'36"   W   a distance  of	50.00 feet; thence N  89"01 '24" W  a	dis::ance of	21 .63	feet; thence  S  00'58'36"  W  a distance of 115.95 feet; thence N 89"05'17" W along the north line,
of Osprey Cove, as recorded  in  Plat  Book  39,  Pages  12  and  13,  Public Records of Orange County, Flo rid a, a  distance  of  300.41  Feet;  to  the northwest    corner  of   Osprey	Cove,	thence S 00-24' 14" W a distance  of 333.0 4   Feet;   to   the   southwest   corner   of   Osprey Cove,  thence	S
gg·15' 40"	E a lo ng the	south line of Osprey Cove a distance of 841.07
Feet;   thence	S  oo·10'08"  W  a	d is ta nce of	134.10 Feet; thence N89"29'55" W a distance of 200 . 18 Feet; thence S oo·10'08" W a
di stance of	195.00   Feet;   to   the   south   lin e   of   Rose Gar d en s, a s	recorded in  P  l a t   Book   N,   Page   93,	Public	Records   of   Orange   County,  F lo r  i d a,
thence	N g9·29'5.1." W along the south line of Rose Gardens, c
distance   :)f	882.76   Fee t ;   th en ce   I\!   00'26'19"   E	a   d:   s ta nce	of
i 8   .59   Fee t ;   therce   N   88'54'23''   W   a   dis ta nc e   of	266 .0 2   Feet;   t henc  e
N   0 0'    2 6  ' 19 "    E    a distance   of	81 9 .45  Feet;  thence   S   8 8'5 4 ' 2  .3"	E	a
d is tar c e  of	266.02   Feet;   thence   N  00"25'59"   E  o   di st orc e	cf	49 -6 8 9 F ee: ;  thence  S  8 9'  0 1 ' 24" E c:ong	the south line and an extension
thereof,   of   the  a fo r e said Ro se	Co ve, a	dist an ce of	1 2 7 4 .7 9	Feet; to the POl1\JT	OF   BEGIN \i l NG

ConLJins	3.3.76 acres,  more or less

Description- Orange,FL Document-Book.Page 6397.3943 Page: 27 of 37 Order . becky Comment.

lllIl I IIIllIII Illlllll Ill1111
DR  Bk   6397 Pg  3970
Orange Co FL 2801-0533632

EXHIBIT "E"
ARTICLES OF INCORPORATION FOR
THE ROSE BAY HOMEOWNERS ASSOCIATION, INC.

27

Descnpt,on: Orange,FL Document-Book.Page 6397.3943 Page. 28 of 37 Order : becky Comment:

July 19, 2001

FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State

llllf 1111111l1 lllllll If111 lll
OR Bk 6397 Pg 39"7l
Orange Co FL 2001-0533632

BERRY J. WALKER, JR., ESQ. 235 MAITLAND AVENUE SOUTH SUITE 216
MAITLAND, FL 32751

The Articles of Incorporation for THE  ROSE  BAY  HOMEOWNERS  ASSOCIATION INC. were filed on July 17, 2001 and assigned document number N010000051 os'. Please refer to this number whenever corresponding with this office regarding the above corporation. The certification you requested is enclosed.

PLEASE NOTE: COMPLIANCE WITH THE FOLLOWING PROCEDURES  IS ESSENTIAL TO MAINTAINING YOUR CORPORATE STATUS. FAILURE TO DO SO MAY RESULT IN DISSOLUTION OF YOUR CORPORATION.

A CORPORATION ANNUAL REPORT/UNIFORM BUSINESS REPORT MUST  BE FILED WITH THIS OFFICE BETWEEN JANUARY 1 AND MAY 1 OF EACH YEAR BEGINNING WITH THE CALENDAR YEAR FOLLOWING THE YEAR OF THE FILING DATE NOTED ABOVE AND EACH YEAR THEREAFrER. FAILURE TO FILE THE ANNUAL REPORT/UNIFORM BUSINESS REPORT ON TIME MAY RESULT IN ADMINISTRATIVE DISSOLUTION OF YOUR CORPORATION.

A FEDERAL EMPLOYER IDENTIFICATION (FEI) NUMBER MUST BE SHOWN  ON THE ANNUAL REPORT/UNIFORM BUSINE'.SS REPORT FORM PRIOR TO ITS  FILING WITH THIS OFFICE. CONTACT THE INTERNAL REVENUE SERVICE TO RECEIVE THE FEI NUMBER IN TIME TO FILE THE ANNUAL REPORT/UNIFORM BUSINESS REPORT AT 1-800-829-3676 AND REQUEST FORM SS-4.

SHOULD YOUR CORPORATE MAILING ADDRESS CHANGE, YOU MUST NOTIFY THIS OFFICE IN WRITING, TO INSURE IMPORTANT MAILINGS SUCH AS THE ANNUAL REPORT/Uf\llFORM BUSINESS REPORT NOTICES REACH YOU.
Should you have any questions regarding corporations, please contact this office at the
address given below.
Claretha Golden, Document Specialist
New Filings Section	Letter Number: 701A00042350

Division of Coroorations - P.O. BOX 6327 -Tallahassee, Florida 32314
Description: Orange.FL Document-Book.Page 6397.3943 Page: 29 of 37
Oraer becky Comment·

ilrpnrtment of &tnte

I certify the attached is a true and correct copy of the Articles of Incorporation of THE ROSE BAY HOMEOWNERS ASSOCIAT ION, INC., a Florida corporation, filed on July 17, 2001, as shown by the records of this office.

The document number of this corporation Is N01000005108.

lllIl  IIII IIlIl lllllll11111111
OR   Bk   6397 Pg  3972
Orange Co FL 2i01-8533632

CA2E022 (1- 99)

Given under  my hand and the Great Seal of the  State of Florida at Tallahassee, the Capitol, this the
Nineteenth day of July, 2001

x	:H
j!Run1 rinc urris
,..Secreiu r t? of tak

Descroni : Otirange .FL Document-Book.Page 6397.3943  Page: 30 of 37 Order : becky Comment .

F	..:_-

u -,-•-
ARTICLES     OF    INCORPORATION     OF	J Jc.. .. ii ,,. .
THE ROSE BAY HOMEOWNERS ASSOCIATION, IN
=	.	,	.	.	LUU! JUL I 7 PM 12: 35
he u nd er  s  i gneo ,    acting  as incorporator  cf  a  c om	.r a t i o n u nder
the	non - pr  of i t    Cor    por   a t  i o n   Act	of	the	State  cf   Flor...i	, 1 1 4  c:t6'6t1t; Stl)\f£
followin9  ar t i cl es of  incorporation.	IA	A,H,	'.) Ef FLORIDA

ARTICLE I - NAME
The  name of	the	corporation is THE ROSE BAY HOMEOWNERS ASSOCIAT:ON,
INC.

ARTICLE II	- EXISTENCE AND DURATION
Existence    of	the   Association	shall commence		with	the			filing of t he s e	Articles	of	Incor   porat i on	with	t he	Secr   e t ar    y		of	State, Tallahass e, Florida .	The Associatio n shall exist in	perpetuity .
ARTICLE III	- PURPOSES AND POWERS
The pur po s e s  for	which the c or por a t i o n  is	organized are:

To	operate		THE	ROSE			BAY		HOMEOWNERS ASSOCIATION and	to		undertake the performance of,	and	to		carry		out		the	acts	and	duties incident to the administration of THE ROSE BAY HOMEOWNERS ASSOCIATION   in	accordance with the ter ms ,		provisions,			conditions,		and authorizations contained	in		these		Articles, the			By-laws			of		THE	ROSE			BAY		HOMEOWNERS ASSOCIAT ION , and the Declaration of		Covenants, Conditions		and Restrictions of Rose Bay recorded among the public records of Orange
County, Floridai
'
To carry out the duties and obligations given by the Declaration of Covenants, Conditions and Restrictions of  Rose  Bay recorded among the p u b l i c records of Orange County, Florida; and
To		establish		By-Laws	and			Rules	and Regulations for the operation of	THE ROS E BAY HOMEOWNERS ASSOCIATION and to provide for the formal	administration		of		THE					ROSE	BAY HOMEOWNERS	ASSOCIATION,		and	to		enforce	the Declaration		of	Covenants,		Conditions	and estrictions of Rose Bay recorded			among the public records of Orange County, Florida, and the		By -l aws		of		THE	ROSE		BAY				HOMEOWNERS
A SS OC IA T I ON.	lllll llll 11111111111111111111
OR   Bk   6397 Pg  3'973
1	Orange Co FL 280L-0533632

D escription : Orange ,FL Oocument-BookPage 6397.3943 Pag e:   31 of 37 Order: becky Comment

llllI IlllIIIIIIIIllIIIIllIIll
OR Bk G3'97 Pg 3'974
Orange Co FL 2001-8533632

C.	The  Association ohall operate,	ma i n t  a i  n
and	:nanage	the	surface	wa t er	or	storr:1waLer
management	system s(       )	i n   a	manner consistent
with  the  St.  Johns  River   Water  Manag emen l Dis rict permit number 40- 09 5 -635 37 - 1 requirements and applicable Di s tr i c t rules, and s:  1.a l  l     assist  in     the  enforcement    of    t:te Declaration of Cover.ants and Res trictio ns which relate to the surface  water  or stormwater management system.

E. The Association shal l levy and  collect adequate assessments against members of the Association for the costs of ma intenance and operation of the surface water or stormwater management system.

ARTICLE IV - MEMBERSHIP

The qualifications for members and the manner of their admission shall be regulated by the Declaration of Covenants, Conditions and Restrictions of Rose Bay recorded among the public records of Orange County, Florida, and the By-laws of THE ROSE BAY HOMEOWNERS ASSOCIATION.

ARTICLE V - REGISTERED OFFICE
The initial registered office of the corporation shall be at
235 South Maitland Avenue, Suite 216, Maitland, Florida 32751.
ARTICLE VI - REGISTERED AGENT

The initial Walker ,	Jr.,	235 Florida 32"/Sl.

registered	agent, and	his		address	is South	Maitland	Avenue,	Suir:.e	216,

Berry J.
Maitland,

ARTICLE VII - MINIMUM NUMBER OF DIRECTORS AND ELECTIONS
The initial board of directors shall consist of at least three
members.
The names and addresses of the persons who shall  serve as  directors until the first annual meeting of members, or until their successors shall have been elected and qualified, are as follows:

Berry J. Walker, Jr.
235 S.	Maitland Ave. #216 Maitla d, Florida 32751

Ryan Tudhope
235 s.	Maitland Ave., #216
Ma tland, Florida 32751

Wallace Tudhope
235 S. Maitland Ave. #216 Maitland, Florida 32751

2

Description. Orange,FL Document-Book.Page 6397.3943 Page: 32 of 37 Order. becky Comment:

llIl I II I I IIII I  111111111111111
OR  Bk   6.397 Pg 397S
Orange Co FL 2001-0533632

The	meLhod of electio n of direc lors shall	e as stated in
Ey Laws af the Corporation.

th e

ARTICLE VIII - OFFICERS

.	he affairs of THE ROSE BAY HOMEOWNERS ASSOCIATION shall be a dm_ 1.n ist ered	by	the following  Officers,	who shall	se:r-ve	at  the
pleasure of t e Board of Directors of THE ROS E BAY !-I O MEOWNERS ASSOCIAT .LON· 1  h .  names  and addresses of the  Officers who sha 11 serve until the t 1. rs t election of Officers are as fo llows :

Berry J. Walker, Jr.	President/Secretary /Treasurer
235 Maitland Avenue South, Suite 216
Ma tland, Flor ida 32751

Wallace W. Tudhope	Vice President
235 Maitland Avenue South, Suite 216
Maitland, Florida 32751

ARTICLE IX - INCORPORATOR
The name and address of lhe initial incorporator is as
follows:

Berry J . Walker, Jr.
235 Maitland Avenue South, Suite 216
Mai tl and, Florida 32751

ARTICLE X - BY-LAWS
The By-laws of THE ROSE BAY HOMEOWNERS ASSOCIATION shall be adopted by the initial Board of Directors.			The By-laws may be amended only in accordance with the provisions of such By-laws to be adopted by he initial Board of Directors, and only in accordance with Florida law.	Provided,	however,	once		the By-laws	are	adopted		by		the initial		Board	of		Directors,	no		portion	of	the	By-laws		may be altered,		amended,		or	rescinded			in		such		a		manner	as	it	will prejudice		the	rights    of West		Lake	Estates    Propteire s ,  Ltd. ,  a Florida limited partnership, or Mortgagees of real property located within Rose Bay subdivision as described in the Declaration of Covenants , Conditions and Restrictions of Rose Bay recorded among
the public records of Orange County, Florida .
ARTICLE XI - AMENDMENTS TO ARTICLES
The s e	Articles   may    be	amended in the manner provided ::or under Florid a Law and the By-laws of THE ROSE BAY HOMEOWNERS ASSO CIATION.

3

Description: Orange,FL Document-Book.Page 6397.3943 Page: 33 of 37 Order: becky Comment:

11111111111111111111111111111
OR   Bk   6397 Pg  3976
Orange Co FL 2001-9533632
ARTICLE XII DISSOLUTION

In the event of termination, dissolution or fina liquidation of the Association, the responsibility for he operation and maintenance of the s rface water or stormwater management system mus be transferred to and accepted by an entity which would comply wit. Section 40C-42.027, F.A.C. 1 and be approved by the St Johns River Water Management District prior to sucL  termination, disso ution or liquidation.

IN WITNESS WHEREOF the undersigned have made and subscribed to these	articles	of	incorporation	at	Maitland,	Orange	County,
Florida, on this _l_Llt - day of .Jul LJ	. 2001.

 	#-	

'

BerryJ.Walker, Jr.

STATE OF FLORIDA
COUNTY OF ORANGE

,.Jvl",	,

Before me, the undersigned notary public, the foregoing instrument was sworn to, acknowledged and subscribed to before me this  day of	2001, by Berry J. Walker, Jr., w o did take an oath.

Ch ck One:
He/she is personally known to me; or
He/she has produced 	_ as identification.

RY PUibm_A 0 WALME

 	

*Ji'*

.,, ..,.,. Alicia B Wa\mer
My Commi"ion CC88868!>
•-.,,,,,_'ti' Exp1rea Novembe< 16 2003
(typ	-printed or stamped name of Notary)
My Commission Expires:

oescription: orange.FL Document-Book.Page 6397.3943 Page: 34 of 37 Order: becky Comment:

'

IIIII I  II  IIllI  111111111111111
OR   Bk   6397 t'Q 3977
Orange Co FL 2001-0533632
CERTIFICATE DESIGNATING REGISTERED AGENT FOR THE SERVICE OF PROCESS IN THIS STATE

The following	is submitted	in compl iar.ce	w.ith	laws of the state of Florida:

T E	ROSE	BAY	HOMEOWNERS	ASSOCIATION,	Inc.,	a	not-for-profit
corporation organizing under the laws of the Sta te of F lor ida with i:s principal office ! ocated at 235 South Maitland Avenue, Suite 216,  :Vla  i  t  l  a n d  ,  Florida 32751,  hereby  designates Berry J.  Walker, Jr., as its agent at that address to acce pt service of process within this state.

ACCEPTANCE

I agree as Registered Agent to accept serv ice of process; to keep the office open during prescribed hours; to put my name (and any other officers of said corporation authorized to accept service of proce ss at the above designated address) in some conspicuous place in the office as required by law.

Berry J. Walker, Jr.

STATE OF FLORIDA COUNTY OF ORANGE

BEFORE ME, the undersigned authority, this day personally appeared BERRY J. WALKER, JR., who, after being duly sworn, deposes and says that the facts and matters contained above are true and correct anq that he has executed the same for the purpose expressed therein.

\ul,1	,

WITNESS my hand and official seal in the County and State last aforesaid this day of ...	2001.
.,•, ., A1tc 1a 8 Walmer
,..,.,, My comm1ss1on ccsea665

Expires:

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Description. Orange.FL Document-Book.Page 6397.3943 Page: 35 of 37 Order·_ becky Comment ·

..	1111111111111111111111111\ l1l
OR   Bk  6397 _l?g 3978
Orange Co FL 2001--8533632

EXHIBIT 11 c 11
ADDITIONAL PROPERTY SUBJECT TO ANNEXATION BY
SUPPLEMENTAL DECLARATION

28

Description .·Orange,FL Document-Book.Page 6397.3943 Page: 36 of 37 Order: becky Comment.

)           '. •·	IllI!

JIIJlllllllJIJ1111111111

OR Bk 6397 Pg 3'97'9

3632

Orange Co FL 2001- 053
Recorded - Martha u. Haynie

LEGAL DESCRIPTION

ROSE BAY PHASE 2

A parcel of land lying in Section 30, Township 21 South, Range 29 East, Orange County, Florida. described as follows; Commencing at the Southeast comer of the Northeast 1 /4 of said Section 30, run North 00°09'46" East along the east line of said Northeast quarter, a distance of  499.6 3-·feet,  thence North  ·· 89°01 '24" West a distance of 30.00 feet to a point on the south line of Rose Cove, as recorded in Plat Book 281  Page S1, Publlc Records of Orange County, Florida, run thence along the west right-of-way line of Rose Avenue the following two courses, South 00°09'46" West a distance of  499.52 feet; thence South 00°10'08" West a distance of  10.42 feet to  the Point of Beginning. Run thence North 89°50 '14" West a distance of 105.01 feet: thence South 00°09'46" West a distance  of  39.87  feet; thence  North 89°01'24" West a distance of 613.57 feet; thence South 00°58'36" West a distance of 112.75 feet; thence South 89°01'24" East a distance of 6.00 feet; thence South 00°58'3 6" West a distance of 50.00 feet; thence North
89°01'24" West a distance of 21.63 feet; thence South 00°58'36" West a distance of 115.95 feet; thence South 89°05'17" East along the north line  {and an extension thereof) of Osprey Cove, as recorded in Plat Book 39, Pages 12 and 13, Public Records of Orange County, Florida, a distance of 738.14 feet to the west right-of-way line of Rose Avenue; thence North 00°10'08" East a distance of 319.26 feet to the Point of Beginning.

Contains 4.74 acres, more or less.

Description: Orange ,FL Document-Book.Page 6397.3943 Page: 37 of 37 Order . becky Comment .