West Branch

Public Records of

St. Johns County, FL
Prepared by and Return to: Clerk # 200701 3723,
Julington Creek Plantation O.R. 2874 PG 617-635Property Owners' Association, Inc. 0212812007 at 1I: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.

(West Branch)
(Parcel 68)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made tl~isaw day of k,brL=
2003, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to3
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. Joluls 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 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 Colporation
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 tenns and conditions of the Amended Declaration
by recording a Supplemental Declaration in Official Records Book 1710, Page 1787 of the

public records of St. Jollils County, Florida (the "Supplemental Declaration"). A legal
description of such property is attached hereto as Exhibit "1" and referred to llerein as "West
Branch".

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 committee comprised of Owners established to review and approve such
requirements and restrictioi~s agreed to amend the use and maintenance requirements and
restrictions as contained herein. Developer has amended the Amended Declaration as provided
herein as to West Branch to provide for the agreed upon use and maintenance requirements and
restrictions in the interest of the owners or Living Units within West Branch and to protect and
preserve the values of West Branch.
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 West Branch shall be held, occupied, sold,
conveyed, leased, mortgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set fort11 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 West Branch and shall be binding
upon all persons having andlor acquiring any right, title, or interest in West Branch 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 West Branch or any portion
thereof and West Branch shall be deemed to be "Property" as such term is defined in the
Amended Declaration. All capitalized teilns herein shall have the same meaning as set forth in
the Amended Declaration unless otherwise indicated he]-ein.

In accordance wit11 the provisions of Section 5 of Article I1 of the Amended Declaration,
the Lots and Owners of Lots within West Branch 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 West Branch
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 setback and roof pitch requirements for
all improvements and Lots in