W~ LARRY WHALEY 4P PREPARED BY :OSCEOLA Cf1UilTY, FLORID A CLERK OF CIRCUIT COUR T Rosemary O'Shea, Esq . CL 2005096477 OR 2763/86 5 Baker & Hostetler LL P 200 South Orange Avenu e Orlando, Florida 32801LMG Date 04/22/2005 Time 14:31:28 (407) 649-4000 T11 RD SUPPLEMENTAL DECLA ►RAT ON OF HARMONY" RESIDENTIAL PROPERTIE S DECLARATION OF COVENANTS, CONDTITONS, ARID RESTRICTTON S THIS THIRD SUPPLEMENTAL DECLARATION OF HARMONY RESIDENTIAL PROPERTIES DECLARATION OF COVENANTS, CONDITIONS, . AND 2005, by Birchwood Acres Limited Pa rtnership, LLLP, a Florida limited liability limited partnership ("Birchwood") .
AVIfEREAS, Birchwood is the Developer under that certain Harmony Residential Properties Declaration of Covenants, Conditions, and Restrictions recorded in the Public Records of Osceola County, Florida at Book 2125, Page 2093, as amended by that certain First Amendment of Harmony Residential Properties Declaration of Covenants, Conditions, and Restrictions, and as further amended from time to time (the "Declaration'") ; and IVFIEREAS, pursuant to Section 9 .1 of the Declaration, Expansion by Developer, Developer has the right to annex all or portions of the real property that is described in Exhibit "B" ofthe Declaration and subject such property to the Declaration ; and tVIIEREAS, the Declaration further provides that such annexation shall be accomplished by filing a Supplemental Declaration in the Official Records of Osceola County, Florida, describing the property to be annexed and specifically subjecting it to the terms of this Declaration ; that such Supplemental Declaration shall not require the consent of Owners, but shalt
, Florida, describing the property to be annexed and specifically subjecting it to the terms of this Declaration ; that such Supplemental Declaration shall not require the consent of Owners, but shalt require the consent of the owner of such property, if other than Developer, and that any such annexation shall be effective upon the filing for record of such Supplemental Declaration unless otherwise provided therein .
NOXV, THEREFORE, Developer, for itself and its successors and assigns, declares that the description of the Properties arc and shall be amended as hereinafter setforth .
reference .I.
The above recitals are true and correct and incorporated herein by thi s 2.
Developer is the owner of the following property t"Neighborhood Dw1 ") : Description : Osceola,FL Document-Book . Page 2763 .865 Page : 1 of4 Order . BIRCHWOOD2 Comment : CL 2005096477 0 2763/866 Neighborhood D-t according to the Plat of Birchwood Neighborhood D- 1 recorded in Plat Book 17, at Pages 80 through 81, of the Public Records of Osceola County, Florida _ 3. Neighborhood D-l is hereby included in the Properties and shall be treated for all purposes under the Declaration as included inExhibit "A" of the Declaration, and is hereby expressly subjected to the terms of the Declaration .
4. The terms and conditions of this Supplemental Declaration shall run with the land and the bene fits and burdens hereof and of the Declaration shall bind and inure to the bene fit of the owners of the Prope rties, and any owner or occupant of other lands gove rned by the Declaration, and their successors, tenants and assigns .
5. To the extent that any provisions of the Declaration are different from or in contravention of matters set forthinthis Supplemental Declaration, this Supplemental Declaration
tenants and assigns .
5. To the extent that any provisions of the Declaration are different from or in contravention of matters set forthinthis Supplemental Declaration, this Supplemental Declaration shall control as indicating theintent of the Developer . All other terms of the Declaration shall remain in fall force and effect . All capitalized terms that are not defined herein shall be given the meaning ascribed thereto in the Declaration .
[Remainder of Fags Intentionally Left Blank .] 2 Description : Osceola, FL Document-Book . Page 2763 .865 Page :2 of 4 Order .' BIRCHWOOD2 Comment : CL 2005096477 OR 2763/067 IN IMNESS TVHEREOF,`, Developer has caused these presents to be executed on the day and year indicated below .
DEVELOPER : Birchwood Acres Limited Partnership, LLLP, a Florida limited liability limited partnershi p ADDRESS . 3500 Harmony Square Drive West Harmony, Florida 3473 3 By: Three E Corporation , corporat n, s general part .
By: Nam . J acs L_ Lenfza Florid a [CORPOR-AI9 SEAL ] Name Printed 3 Description : Osceola,FL Document-Book . Page 2763 .865 Page : 3 of 4 Order .'BIRCHWOOD2 Comment .
CL 2005096477 O40763/868 STATE OF FLORIDA COUNTY O F r~' ( ,2005,by James L. Lent .-,as President, of Three E Corporation, a Florid a ccion, general partner of Birchwood Acres Limited Partnership, LLLP a l; orida limited liability limited partnership, on behalf of the partnership .Fle is ersonall kn -.,vnto m or has produced as identi fication and did (did not) take an oath .
!111111#i111t/J By: r~ Name : SF1 L OD©25'.32 fillNotary Publi c Serial Number, if any My commission expires : t9ei ...Z200 7
as identi fication and did (did not) take an oath .
!111111#i111t/J By: r~ Name : SF1 L OD©25'.32 fillNotary Publi c Serial Number, if any My commission expires : t9ei ...Z200 7 4 Description : Osceola, FL Document-Book . Page 27&3 .865 Page : 4 o#4 Order :BIRCHWOOD2 Comment .