Durbin Estates I

Public Records of
w St. Johns County, FL

Prepared by and Return to: Clerk # 200701 3683,

Julington Creek Plantation O.R. 2873 PG 1858-1876

Property Owners' Association, Inc. 02/28/2007 at 11 :42 AM,

C/O May Management Services, Inc.

REC. $77.00 SUR. $86.00

12627 San Jose Boulevard, Suite 501
Jacksonville, Florida 32223

AMENDED AND RESTATED
SUPPLEMENTAL DECLARATION TO
AMENDED AND RESTATED
DECLARATION OF COVENANTS AND RESTRICTIONS
OF JULINGTON CREEK PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.

ourbin Estates)
(Parcel 83, Phase 1)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the

"Amended and Restated Supplemental Declaration") is made this aO+hday of

2002, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized t

do business in Florida ("Developer7').

RECITALS:

A. Developer is the developer of a planned community located in St. Jolms County
commonly referred to as "Julington Creek Plantation" which is more fully described in that
certain St. Johns County Resolution No. 82-37, as amended by St. Johns County Resolution No.
93-159, as amended in St. Johns County Resolution 97-25, all as further amended froin 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. Jolms 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 Communities Corporation
assigned its rights as developer under the Amended Declaration to Julington Partners Limited
Partnership pursuant to that certain Assignment of Developer's Rights recorded in Official
Records Book 1177, page 1186 of the public records of St. Johns County, Florida. Julington
Partners Limited Partnership assigned its rights as developer under the 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 1676, Page 1191 of the
public records of St. Johns County, Florida (the "Supplemental Declaration"). A legal

description of such property is attached hereto as Exhibit "1" and refei-red to herein as "Durbin
Estates".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend tlle
Amended Declaration at any time prior to turnover of control of the Association. Psior to
transfer of control of the Association, at a duly called and conducted special meeting of the
Board of Directors of the Association 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 a~neild the use and maintenance requirements and
restrictions as contained herein. Developer has amended the Amended Declal-ation as provided
herein as to Durbin Estates to provide for the agreed upon use and maintenance requireinents and
restlictions in the interest of the owners or Living Units within Durbin Estates and to protect and
preserve tlle values of Durbiil Estates.
NOW, THEREFORE, in consideration of the preinises and other good and valuable
consideration, the Developer hereby amends and restates the Supple~nental Declaration as
provided herein. The Developer declares that Durbin Estates shall be held, occupied, sold,
conveyed, leased, mortgaged, and othenvise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Ainended Declaration and as set forth in
this Amended and Restated Supplemental Declaration. All such easements, covenants,
conditions, restrictions and reservations shall run with title to Durbin Estates and shall be binding
upon all persons having andlor acquiring any right, title, or interest in Durbin Estates or any
portion thereof, unless othenvise indicated hei-ein, and shall inure to the benefit of each and
every person, from time to time, owning or holding an interest in Durbin Estates or any portion
thereof and Durbin Estates shall be deemed to be "Property" as such tern is defined in the
Amended Declaration. All capitalized terns herein shall have the sane meaning as set forth in
the Amended Declaration unless otherwise indicated herein.

In accordance with the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within Durbin Estates shall be subject to the following terns,
conditions, covenants, and restrictions:

1. Residential Lots. All Lots in all blocks (as depicted on the plat of Durbin Estates
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 in 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 footage