Fox Creek II

Public Records of
St. Johns County, FL

Clerk # 2007013689,

Prepared by and Return to: O.R. 2873 PG 1970-1988
Julington Creek Plantation 02/28/2007 at 11 :42 AM,
Property Owners' Association, Inc. REC. $77.00 SUR. $86.00C/O May Management Services, Inc.
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.

(Fox Creek, Phase 11)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this a~ day of &bru. A
200-7 7 by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to Y

do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned cormnullity located in St. Johns 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 Ordery').
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 Declarationyy), 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 1 186 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 1390, Page 234 of the public

records of St. Joluls County, Florida (the "Supplemental Declaration"). A legal description of
such property is attached hereto as Exhibit "1" and refelred to herein as "Fox Creek, P11ase 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 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 comlnittee comprised of Owners established to review and approve such
requirements and restrictions agreed to amend the use and maintenance requirements and
restrictions as contained herein. Developer has amended the Amended Declaration as provided
herein as to Fox Creek, Phase I1 to provide for the agreed upon use and maintenance
requirements and restrictions in the interest of the owners or Living Units within Fox Creek,
Phase I1 and to protect and preserve the values of Fox Creek, Phase 11.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the Developer hereby amends and restates the Supplemental Declaration as
provided herein. The Developer declares that Fox Creek, Phase I1 shall be held, occupied, sold,
conveyed, leased, mortgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Amended 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 Fox Creek, Phase I1 and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Fox Creek, 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 Fox Creek, Phase I1 or any
portion thereof and Fox Creek, Phase I1 shall be deemed to be "Propertyy7 as such term is defined
in the Amended Declaration. All capitalized terms herein shall have the same 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 ~ots and Owners of Lots within Fox Creek, 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 Fox Creek,
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 in height, however finished
attic space shall not county against this height limitation. No Lot shall be re-subdivided into
building lots having a square footage of less than that set forth herein.
2. Building Square Foo