Bay Berry II

Prepared by and Return to:
Julington Creek Plantation
Property Owners' Association, Inc.
C/O May Management Services, Inc.
12627 San Jose Boulevard, Suite 501
Jacksonville, Florida 32223

Public Records of
St. Johns County, FL
Clerk # 2007013677,

O.R. 2873 PG 1748-1 765
02/28/2007 at 11 :42 AM,
REC. $73.00 SUR. $81.50
AMENDED AND RESTATED
SUPPLEMENTAL DECLARATION TO
AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
OF JULINGTON CREEK PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.

(Bayberry)
(Phase 11)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made thisaOth day of G2bY~
2001, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized 3
do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned community located in St. Johns County
coinmonly referred to as "Julington Creek Plantation" which is more fully described in that
certain St. Johns County Resolution No. 82-37, as ainended by St. Johns County Resolutiol~ No.
93-159, as amended in St. Johns County Resolution 97-25, all as further ainended fi-om time to
time ("Development Order").
B. Pursuant to that Amended and Restated Declaration of Covenants and Restrictions
of Julington Creek Plantation Property Owners' Association, Inc. recorded in Official Records
Book 1004, page 1823 of the Public Records of St. Johns County, Florida, as such has been
amended and supplemented (collectively the "Amended Declaration"), Atlantic Gulf
Communities Corporation subjected certain property described therein to the covenants,
conditions and restrictions in the Amended Declaration. Atlantic Gulf Co~nmunities Coi-poration
assigned its rights as developer under the Amended Declaration to Julingtoil Partners Limited
Partnership pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1 177, page 1186 of tlle public records of St. Johns County, Florida. Julington
Partners Limited Partnership assigned its rights as developer under tlle Amended Declaration to
Developer pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1705, page 1368 of the public records of St. Johns County, Florida.
C. Pursuant to the provisions of Article I1 of the Amended Declaration, Developer
subjected additional lands owned by it to the terms and conditions of the Amended Declaration
by recording a Supplemental Declaration in Official Records Book 1168, Page 1486 of the

public records of St. Jolms County, Florida (the "Supplemental Declaration"). A legal
description of such property is attached hereto as Exhibit "I" and refelred to herein as
"Bayberry, Phase 11".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any time prior to turnover of control of the Association. Prior to
transfer of control of the Association, at a duly called and coilducted special meeting of the
Board of Directors of the Associatioil held on May 3, 2006 at which a quorum was present, the
Developer and the committee comprised of Owners established to review and approve such
requirements and restrictions agreed to amend the use and inaintenal~ce requiremellts and
restrictions as contained herein. Developer has amended the Amended Declaration as provided
herein as to Bayberry, Phase 11 to provide for the agreed upon use and nlaintenance requirements
and restrictions in the interest of the owners or Living Units within Bayberry, Phase I1 and to
protect and preserve the values of Bayberry, Phase 11.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the Developer hereby amends and restates the Supplelneiltal Declaration as
provided herein. The Developer declares that Bayberry, Phase 11 shall be held, occupied, sold,
conveyed, leased, mortgaged, and othe~wise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Amended Declal-ation and as set forth in
this Amended and Restated Suppleme~~talDeclaration. All such easements, covenants,
conditions, restrictions and reservations shall run with title to Bayberry, Phase I1 and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Bayberry, Phase I1
or any portion thereof, unless otherwise indicated herein, and shall inure to the benefit of each
and every person, from time to time, owning or holding an interest in Baybeny, Phase I1 or any
poition thereof and Bayberry, Phase I1 shall be deemed to be "Property" as such term is defined
in the Amended Declaration. All capitalized terms herein sl~all have the same meaning as set
forth in the Amended Declaration unless otherwise indicated herein.

111 accordance with the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within Bayberry, Phase I1 shall be subject to the following terms,
conditions, covenants, and restrictions:

1. Residential Lots. All Lots in all blocks (as depicted on the plat of Bayberry,
Phase I1 and hereinafter referred to as "Lots") shall be improved with a single family residence
and no principal building shall be constructed or erected on any Lot other than one detached
single family dwelling ("Living Unit") not to exceed two (2) stories ill height. No Lot shall be re-
subdivided into building lots having a square footage of less than that set forth herein.
2. Building Square Footage, Setback and Roof Pitch Requirements. The
minimum square