SEE EXHIBIT "A" SEE EXHIBIT "B" SEE EXHIBIT "C" SEE EXHIBIT "D"

Transcription

1 Prepared by and Return to: David F. Schumacher McClure & Lobo7.:l.O J) 211 South Ridgewood Drive 0 {' Sebring, FL J,j OFFlclAL RECORDS FILE#: OR BK 2S76 PG 8S2 PAGES: 1-6 DOC TYPE DE REC FEES: SS2.SO C D.C. DLATIMER. FILED: 4d S9 PM ROBERT W. GERMAINE. CLERK OF COURTS. HIGHLANDS CO. ~ CJ),. 1, ANNEXATION OF ADDITIONAL RESIDENTIAL PROPERTY TO (.!K DEER RUN DEVELOPMENT HOMEOWNERS' ASSOCIATION, INC. 9' WHEREAS, a portion of Unit 16, Sun 'n Lake Estates of Sebring subdivision has been subjected to certain restrictive covenants entitled "Declaration of Restrictions" recorded in Official Records Book 1616, Page 1639, Public Records of Highlands County, and an Addition to Declaration of Restrictions recorded in Official Records Book 1762, Page 1012, Public Records of Highlands County, and a First Amendment of the Declaration of Covenants and Restrictions for Deer Run Development Located in Sun 'n Lake Estates of Sebring Subdivision, Unit 16 recorded in Official Records Book 2126, Page 449, Public Records of Highlands County (hereinafter collectively the "Existing Restrictions"); and WHEREAS, the SUN 'N LAKE OF SEBRJNG IMPROVEMENT DISTRICT is the record title holder of the following described property, to wit ;and SEE EXHIBIT "A" WHEREAS, the SUN 'N LAKE OF SEBRING IMPROVEMENT DISTRICT is the record title holder and is joined by FIFTH THIRD BANK as owner of certain beneficial interests as to the following described property, to wit: ;and SEE EXHIBIT "B" WHEREAS, the SUN 'N LAKE OF SEBRING IMPROVEMENT DISTRICT is the record title holder and is joined by SNL MUNICIPAL INCOME FUND, LLC as owner of certain beneficial interests as to the following described property, to wit: ;and SEE EXHIBIT "C" WHEREAS, the SUN 'N LAKE OF SEBRING IMPROVEMENT DISTRICT is the record title holder and is joined by FIFTH TIIIRD BANK and SNL MUNICIPAL INCOME FUND, LLC as owners of certain beneficial interests as to the following described real property, to wit: SEE EXHIBIT "D" (hereinafter said Exhibits" A", "B", "C", and "D" are collectively referred to as "THE PROPERTY''); and WHEREAS, DEER RUN DEVELOPMENT HOMEOWNERS' ASSOCIATION, JNC. Pagel~ Z:\AAA Active Clients\SNL\DEER RUN ANNEXATION\Anoexation Deer Run & SNL REVISED doc

2 (hereinafter the "Association") is an established homeowners' association desiring to annex THE PROPERTY into its association in order to maintain the quality and aesthetics of the common areas and lots within THE PROPERTY for the benefit of the Association and its members; and WHEREAS, the SUN 'N LAKE OF SEBRING IMPROVEMENT DISTRICT (hereinafter the "District'') desires to subject THE PROPERTY to the Existing Restrictions which shall run with the land, be for the benefit of THE PROPERTY and provide for the preservation of the values and amenities of TIIE PROPERTY, and restrict each present and future owner of all lands thereby restricted and shall apply to bind every present and futµre owner of THE PROPERTY and their heirs, successors and assigns; and WHEREAS, the various lots in THE PROPERTY are owned by the District as to record title and the lots shown in Exhibits "B", "C", and "D" are held for the owners of certain beneficial interests as contained in the recitals herein; and WHEREAS, pursuant to Article IV, Section (f) of the Association's Articles of Incorporation as amended, additional residential properties may be annexed into the Association with the assent of twothirds (2/3) of the Association's members; and WHEREAS, assent of two-thirds (2/3) of the Association's members has been obtained by way of a vote taken at a properly noticed special meeting of the members held on July 3, At the meeting, it was noted that the Association had received I 04 proxies, which exceeded the 99 necessary to constitt,rte a two-thirds (2/3) majority. A motion to approve the annexation was made by Tony Filice and seconded by Larry White, after which the proxies were voted and the motion earned. The affidavit of the Association Secretary, Debbie Murray, regarding the retention of the proxies and annexation vote is attached hereto as Exhibit "E". NOW, TIIEREFORE, the Association, as joined by the District and the owners of those certain beneficial interests as detailed in the recitals, and with the assent of two-thirds (2/3) of its members, hereby annexes THE PROPERTY into the Association under the terms and conditions detailed as follows: I. Upon recordation of this executed document in the Official Records of Highlands County, Florida, THE PROPERTY, as described in Exhibits "A", "B", "C", and "D" attached hereto, shall be annexed into the Association and be subject to the Existing Restrictions. 2. All Association expenses, assessable pursuant to Article IX of the Declaration of Restrictions as amended by the First Amendment of the Declaration of Covenants and Restrictions for Deer Run Development Located in Sun 'n Lake Estates of Sebring Subdivision, Unit 16 recorded in Page 2 a :6,,. Z:\AAA Actiw Clients\SNL\OEER RUN ANNEXA TION\Annexation - Deer Run & SNL REVISED doc

3 Official Records Book 2126, Page 449, Public Records of Highlands County, shall be waived by the Association on all lots or portions of THE PROPERTY owned either by the District or by the Board of County Commissioners of Highlands County, Florida (hereinafter the ''BOCC") in the event the BOCC shall obtain ownership by virtue of issuance of an Escheatment Deed or if such lands are stricken off at tax deed sale to "Lands Available for Taxes" as to any lots or portions of THE PROPERTY. 3. Upon such time as any lot or portion of THE PROPERTY is transferred to a third-party, the waiver described in paragraph 2 shall immediately cease as to such transferred lot or portion and Association expenses shall immediately begin to accrue against such transferred lot or portion of THE PROPERTY pursuant to Article IX of the Declaration of Restrictions as amended. 4. No voting rights shall vest in any lot or portion of THE PROPERTY until such time that ownership in a lot or portion of THE PROPERTY has been transferred to a third-party. IN WITNESS WHEREOF, the undersigned Association has hereunto set its hand and seal. DEER RUN DEVELOPMENT HOMEOWNERS' ASSOCIATION, INC. Page3~ Z:\AAA Actiw ClientB\SNL\DEER RUN ANNEXA TION\Annexation Deer Run & SNL - REVISED doc

4 IN WITNESS WHEREOF, the undersigned District has herellllto set its hand and seal. Signed, Sealed and Delivered in our presence: SUN 'N LAKE OF SEBRING IMPROVEMENT DISTRICT By:d~ David Halbig, President As to THE PROPERTY as described in Exhibits "A", "B", "C't, and "D" STATE OF FLORIDA COUNTY OF HIGHLANDS l:b.,,.u."" 6b(tll.F-) The foregoing instrument was acknowledged before me this Q(L day of bta<cb. ~ by David Halbig, as President of the Board of SUN 'N LAKE OF ~~B~G IMPROVEMENT DISTRICT, who is personally known to me or has produced ~~~ T cation. dt~ (1_~ Notary Public, tate ~ffl?rida ~ Printed Name: <.,!Vw)=kia~ V) Commission No. :fe9 ~ My commission expires: J((..h 15, ;J..o ~ Page 4 eii4i Z:\AAA Active Clients\SNL\DEER RUN ANNEXA TION\Annexation - Deer Run & SNL - REVISED doc

5 EXHIBIT "A" Unit 16, Block 326, Lots 1, 6, and 31 Unit 16, Block 328, Lots 13, 14, and 16 Unit 16, Block 330, Lots 1 through 16 inclusive, 19, 20, 21, 26, 28, 29, 31, 37, 38, and 41 through 47 inclusive Unit 16, Block 333, Lots 1, 6, 9, 11, 13, 16, 17, 18, 19, 21, 23, and 26 Unit 16, Block 336, Lots 14, 15, 16, 17, and 18 Unit 16, Block 343, Lots 1 and 2 Unit 16, Block 357, Lots 15 and 29 Unit 16, Block 358, Lots 66 and 69 EXHIBIT "B" Unit 16, Block 329, Lots 11 and 14 Unit 16, Block 331, Lot 7 Unit 16, Block 335, Lots 41 and 42 Unit 16, Block 336, Lot 34 Unit 16, Block 337, Lot 29 Unit 16, Block 338, Lot 15 Unit 16, Block 340, the Easterly Yi of Lot 8 Unit 16, Block 345, Lots 24, 28, 29, 30, 31, 33, 34, 35, 36, and 37 Unit 16, Block 346, Lots 2, 3, 29, 30, 32, 38, 41, 43, 44, and 45 Unit 16, Block 347, Lots 2, 4, 5, 9, 16, 23, 24, and 26 Unit 16, Block 348, Lots 1, 2, 4, 25, 30, 31, 32, 35, 39, 41, and 43 Unit 16, Block 350, Lots 15 and 16 Unit 16, Block 351, Lot 43 Unit 16, Block 352, Lots 12, 17, and 18 Unit 16, Block 359, Lots 8 and 36 EXHIBIT "C" Unit 16, Block 356, Lots 3 and 7

6 .. EXHIBIT "D" Unit 16, Block 329, Lots 12, 16, and 20 Unit 16, Block 331, Lots 11 and 21 Unit 16, Block 332, Lots 5, 30, 46, 47, and 48 Unit 16, Block 334, Lots 1, 8, 10, 13, 25, 28, 29, and 41 Unit 16, Block 335, Lots 3, 35, 38, and 39 Unit 16, Block 336, Lots 27 and 28 Unit 16, Block 337, Lots 17, 26, and 27 Unit 16, Block 338, Lots 10 and 18 Unit 16, Block 339, Lots 6 and 7 Unit 16, Block 340, Lots 5, 7, 8, 11, and 47 Unit 16, Block 342, Lots 10, 11, 12, 13, 15, 17, 21, 28, 29, 30, 31, 34, 35, 37, 39, 40, 41, 42, 44, 45, 46, and 48 Unit 16, Block 344, Lots 29 through 39 inclusive, 42, and 43 Unit 16, Block 345, Lots 38, 40, and 41 Unit 16, Block 350, Lot 10 Unit 16, Block 352, Lots 1, 2, 6, 8, 19, 20, 21, 22, 24, and 30 Unit 16, Block 353, Lots 3, 4, 5, 6, 11, 12, 15, 17 Unit 16, Block 354, Lots 1 through 7 inclusive, 28, and 29 Unit 16, Block 355, Lots 1, 5, 8, 9, 12, 13, 14, 15, 17, 18, 19, 21, 23, 24, 25, 26, 27, 28, 29, and 31 through 41 inclusive Unit 16, Block 357, Lots 5, 7, 8, 9, and 37 Unit 16, Block 359, Lots 4, 5, 14, 27, 31, 32, 33, 34 and 35 Unit 16, Block 360, Lots 9 and 12 Unit 16, Block 755, Lot 2 Unit 16, Block 756, Lot 2 Unit 16, Block 757, Lots 2, 3, and 4

7 .. OFFICIAL RECORDs ALE# OR BK 2576 PG 858 PAGES; 1-4 D0c -rvnr REC FEES: $35.50 ire.: AFF ~08.C.EIJLART WTIMER. ALEO: 4, PM.GERMAINE. CLERICOFCOURTS u1nu, ~~ U"-lfiU'U'I J.A'i co AFFIDAVIT AS TO ORIGINAL SIGNATORY PAGES TO CONTRACT STATE OF FLORIDA COUNTY OF HIGHLANDS BEFORE ME, the undersigned authority personally appeared the Affiant, DAVID F. SCHUMACHER, who being first duly sworn, deposes and says: 1. Affiant is over the age of 18 years of age. 2. Affiant gives this Affidavit with personal knowledge of the contents thereof. 3. Affiant is the General Counsel representing the Sun 'N Lake of Sebring Improvement District (hereinafter "District"). 4. Affiant personally reviewed the original signature page of Leigh Daul dated and notarized on September 16, 2013 (page 5 of 6) and the original signature page of Robert D. Friedman dated and notarized on July 26, 2013 (page (6 of 6), attached to the original Annexation of Additional Residential Property to Deer Run Development Homeowner's Association, Inc. contract. 5. Affiant states that the original signature pages of Leigh Daul and Robert D. Friedman were attached at the time of his review; however, those two signatures pages have since been lost and unable to be re-located. 6. Affiant hereby states that attached to this Affidavit is a true and correct copy of the original signature pages of Leigh Daul and Robert D. Friedman, as previously described herein. FURTHER AFFIANTS SA YETH NOT. i/jt!:!. Dated this _ri day of Apnl, 2017 [Notary Acknowledgment for Affiant on Following Page] MCCLURE & LOBOZZO 211 S. RIDGEWOOD DRIVE ~ SEBRING FL ~ Page I of2

8 STATE OF FLORIDA COUNTY OF HIGHLANDS Sworn to (or affirmed) and subscribed before me this /J.J~ day of April, 2017, by DAVID F. SCHUMACHER, [ X ] who is personally known by me or [ ] who produced (type of identification) as his photo identification.,, *.~':tt,,, CATHERINE GUNTER /~~ ;};;,~\ MY COMMISSION# FF \~.~_:;J EXPIRES: September 10, 2020_ ' =':.ro n~o,~:. Bonded Thru Notary Public Undeiwliten,.,....,, (SEAL) ~~~ oar;,i( lie - State of Florida Commission Expires: Page 2 of 2

9 IN WITNESS WHEREOF, the undersigned as owner and holder of those certain beneficial interests as set forth in the recitals hereof hereby joins in the execution of this instrument for the purposes of consenting to the tenns hereof and the annexation of properties accomplished herein and has executed this instrument effective as of the day and year first above written. Signed, Sealed and Delivered Commission No My commission expires: Page 5 aiii- Z:\AAA Active Clicnts\SNL\DEER RUN ANNEXA TION\AnneXBtion - Deer Run & SNL- REVISED doc

10 IN WITNESS WHEREOF, the undersigned owner of those certain beneficial interests as detailed in the recitals has hereunto set its hand and seal. S~FUND,LLC Printed Name:.S ~ lo mo G, o Id,' n By.~~t-=~_:,; L-~~~~~ ~ ~ ~ Robert D. Friedman, its Manager As to the portions of THE PROPERTY as described in Exhibits "C'' and "D" STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) 0n 1W ~ Tu, 'J..O \'?2,...\>efore me. ~\ e,. It tj\.~ t fur~. Notary Public, pers lly appeared %,.oyx&,\,- ]) fr ; :e& ~ who proved to me on the basis of satisfuctory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and aclmowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s ), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~~~L) I a a F 2 rmr.a:otnt ;Q l ~ -.,0:.:, 0,U.. eeu..., I I -- - s a as JIIIIIIICl.16.2! 1 [ Page6416 C:\Usc:rs\Ammift:'z.cns\Deslctop\R.&MNL Municipal IDcame Fund, LLC\Anncxation - Deer Rnn & SNL - 7.2S.2013 (Reviscd).docx