Oak Pointe I

Public Records of
St. Johns County, FL

3% Prepared by and Return to: Clerk # 200701 3697,
Julington Creek Plantation O.R. 2874 PG 133-150
Property Owners' Association, Inc. 02/28/2007 at 11:42 AM,
C/O May Management Services, Inc. REC. $73.00 SUR. $81.50
12627 San Jose Boulevard, Suite 501
Jacksonville, Florida 32223

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

(Oak Pointe, Phase I)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this a& day of
2002, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation,
do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned community 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 fi-om time to
time ("Development Order").
B. Pursuant to that Amended and Restated Declaration of Covenants and Restrictions
of Julington Creek Plantation Property Owners1 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 Comlnunities 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 1 177, 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 1004, Page 1858 of the

public records of St. Jolms County, Florida (the "Supplemental Declaration"). A legal
description of such property is attached hereto as Exhibit "1" and referred to herein as "Oak
Pointe, Phase I".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the Amended
Declaration at any time prior to tuinover 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 Associatioll held on May 3, 2006 at wl~ich a quorum was present, the Developer
and the coininittee comprised of Owners established to review and approve such requirements
and restrictions agreed to amend the use and maintenance requirements and restiictioils as
contained herein. Developer has amended the Amended Declaration as provided herein as to
Oak Pointe, Phase I to provide for the agreed upon use and maintenance requirements and
restrictions in the interest of the owners or Living Units within Oak Pointe, Phase I and to protect
and preserve the values of Oak Pointe, Phase I.
NOW, THEREFORE, in coilsideration of the premises and other good and valuable
consideration, the Developer hereby amends and restates the Supplemeiltal Declaration as
provided herein. The Developer declares that Oak Pointe, Phase I 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 Oak Pointe, Phase I and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Oak Pointe, Phase
I 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 a11interest in Oak Pointe, Phase I or any
portion thereof and Oak Pointe, Phase I shall be deemed to be "Property" as such term is defined
in the Amended Declaration. All capitalized tei~ns 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 Lots and Owners of Lots within Oak Pointe, Phase I 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 Oak Pointe,
Phase I 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 requirements and the building setbac