3P This instrument prepared by and return to: David L. Evans, Jr., Esq.
BAKER & HOSTETLER LLP 2300 SunTrust Center 200 South Orange Avenue Post Office Box 112 Orlando, Florida 32802-0112 Telephone: (407) 649-4000 Telecopier: (407) 841-0168.A _. 0uNT , FLORIDA 'KOF COURT OR `x316/2499 J/=1'2006 Time 14:50.42 FOURTH SUPPLEMENTAL DECLARATION OF HARMONY RESIDENTIAL PROPERTIES DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS THIS FOURTH SUPPLEMENTAL DECLARATION OF HARMONY RESIDENTIAL PROPERTIES DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Supplemental Declaration") is made this r day of October, 2006, by Birchwood Acres Limited Partnership, LLLP, a Florida limited liability limited partnership ("Birchwood"), whose address is 3500 Harmony Square Drive West, Harmony, Florida 34773.
WITNESSETH: WHEREAS, 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 recorded in the Public Records of Osceola County, Florida, at Book 2241, Page 2904, and Second Amendment of Harmony Residential Properties Declaration of Covenants, Conditions and Restrictions recorded in the Public Records of Osceola County, Florida, at Book 3174, Page 2640, and as supplemented by that certain First Supplemental Declaration recorded in the Public Records of Osceola County, Florida, at Book 2629, Page 245, Second Supplemental Declaration recorded in the Public Records of Osceola County, Florida, at Book 2629, Page 249,
on recorded in the Public Records of Osceola County, Florida, at Book 2629, Page 245, Second Supplemental Declaration recorded in the Public Records of Osceola County, Florida, at Book 2629, Page 249, Third Supplemental Declaration recorded Public Records of Osceola County, Florida, at Book 2763, Page 865, and as further amended from time-to-time (collectively, the "Declaration"); and WHEREAS, 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" of the Declaration and subject such property to the Declaration; and WHEREAS, 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 a nnexed and specifically subjecting it to the terms of this Declaration; that such Supplemental Declaration shall not require the consent of Owners, but CL 20062610 73 OR 3316 shall 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.
NOW, THEREFORE, Developer, for itself and its successors and assigns, declares that the description of the Properties are and shall be amended as hereinafter set forth.
1.
The above recitals are true and correct and incorporated herein by this reference.
2.
Developer is the owner of the fallowing property ("Neighborhood G"): Neighborhood G according to the Plat of HARMONY NEIGHBORHOODS G-H-F recorded in Plat Book 19, at Pages 163 through 176, of the Public Records of Osceola County, Florida.
g property ("Neighborhood G"): Neighborhood G according to the Plat of HARMONY NEIGHBORHOODS G-H-F recorded in Plat Book 19, at Pages 163 through 176, of the Public Records of Osceola County, Florida.
3. Neighborhood G is hereby included in the Properties and shall be treated for all purposes under the Declaration as included in Exhibit "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 benefits and burdens hereof and of the Declaration shall bind and inure to the benefit of the owners of the Properties, and any owner or occupant of other lands governed 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 forth in this Supplemental Declaration, this Supplemental Declaration shall control as indicating the intent of the Developer. All other terms of the Declaration shall remain in full force and effect. All capitalized terms that are not defined herein shall be given the meaning ascribed thereto in the Declaration.
[Remainder of Page Intentionally Left Blank; Signature Page to Follow.] 2 CL 2006261073 OR 3316/2501 IN WITNESS WHEREOF, Developer has caused these presents to be executed on the day and year indicated below.
Signed, sealed and delivered in the presence of:"DEVELOPER" Birchwood Acres Limited Partnership, LLLP, a Florida limited liability limited partnership By: VII GP Harmony, L.L.C., a Delaware limited liability company as its General Partner By: Jarnew,. Lentz As it : 'Pr'esident [CORPOR'E SEAL] STATE OF FLORIDA ) )ss.
COUNTY OF OSCEOLA )
d partnership By: VII GP Harmony, L.L.C., a Delaware limited liability company as its General Partner By: Jarnew,. Lentz As it : 'Pr'esident [CORPOR'E SEAL] STATE OF FLORIDA ) )ss.
COUNTY OF OSCEOLA ) The foregoing instrument was acknowledged before me this day of ,2006, by James L. Lentz, as President of VII GP Harmony L.L.C., a Delaware limited liability company, as the General Partner of Birchwood Acres Limited Partnership, LLLP a Florida limited liability limited partnership, on behalf of the partnership_ He is personally known to me)or has produced as identification.
(Notary Signature) (Notary Name Printed NOTARY PUBLIC Commission No.
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