Whispering Pines III

Public Records of
St. Johns County, FL

Prepared by and Return to: Clerk # 2007013727,
Julington Creek Plantation O.R. 2874 PG 694-712
Property Owners' Association, Inc. 02/28/2007 at II: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.

(Whispering Pines, Phase 3)
(Parcel 53, Phase 3)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this (.50-C\n day of Gbruu
2002, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to

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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 Resolutioil 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 from time to
time ("Developmei~t 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 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 2088, Page 1349 of the

public records of St. Joluls County, Florida (the "Supplemental Declaration"). A legal
description of such property is attached hereto as Exhibit "I" and referred to herein as
"Whispering Pines, Phase 3".

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any time prior to tunlover 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 colnplised 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 Whispering Pines, Phase 3 to provide for the agreed upon use and maintenance
requirements and restrictions in the interest of the owners or Living Units within Whispering
Pines, Phase 3 and to protect and preserve the values of Whispering Pines, Phase 3.
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 Whispering Pines, Phase 3 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 Whispering Pines, Phase 3 and
shall be binding upon all persons having andlor acquiring any right, title, or interest in
Whispering Pines, Phase 3 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
Whispering Pines, Phase 3 or any portion thereof and Whispering Pines, Phase 3 sl~all be deemed
to be LLProperty" 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 Lots and Owners of Lots within Whispering Pines, Phase 3 shall be subject to the following
tenns, conditions, covenants, and restrictions:

1. Residential Lots. All Lots in all blocks (as depicted on the plat of Whispering
Pines, Phase 3 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 her