Timber Trace II

Public Records of
St. Johns County, FL

Prepared by and Return to: Clerk # 200701 3722,
Julington Creek Plant at'lon O.R. 2874 PG 598-616Property Owners' Association, Inc. 02/28/2007 at 1 1 :42 AM,
C/O May Management Services, Inc. REC. $77.00 SUR. $86.0012627 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.

(Timber Trace)
(Phase 11)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this a0% day of @brkcw
200a, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, autl~orized to 4
do business in Florida ("Developer").

RECITALS:

A. Developer is the developer of a planned coininuility located in St. Johns County
commo~lly referred to as "Julington Creek Plantation" which is more fully described in that
certain St. Jolms County Resolution No. 82-37, as amended by St. Johns County Resolution No.
93-1 59, as amended in St. Johns County Resolution 97-25, all as further amended from 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 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 11 86 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. Jolms 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 OfTicial Records Book 1021, Page 573 of the public

records of St. Johns County, Florida (the "Supplemental Declaration"). A legal desciiption of
such property is attached hereto as Exhibit "1" and referred to herein as "Timber Trace -Phase
11".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any tiine 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 coininittee 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 Timber Trace -Phase I1 to provide for the agreed upon use and maintenance
requirements and restrictions in the interest of the owners or Living Units within Timber Trace -
Phase I1 and to protect and preserve the values of Tiinber Trace -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 Tiinber Trace -Phase I1 shall be held, occupied,
sold, conveyed, leased, ~nol-tgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set forth in the Amended Declaration and as set fort11 in
this Amended and Restated Supplemental Declaration. All such easements, covenants,
conditions, restrictions and reservations shall run with title to Timber Trace -Phase I1 and shall
be binding upon all persons l~aving andlor acquiring any right, title, or interest in Tiinber Trace -
Phase I1 or any portion thereof, unless otherwise indicated herein, and shall inure to the benefit
of each and every person, froin tiine to time, owning or holding an interest in Tiinber Trace -
Phase I1 or any portion thereof and Timber Trace -Phase I1 shall be deemed to be "Property" 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 otheiwise indicated herein.

In accordance with the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within Timber Trace -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 Timber Trace
-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. 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