Willow Pond I

Public Records of
St. Johns County, FL
Clerk # 200701 3728,

Prepared by and Return to:

O.R. 2874 PG 713-730
Julington Creek Plantation
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 RESTRICTIONS
OF JULINGTON CREEK PLANTATION PROPERTY
OWNERS ASSOCIATION, INC.

(Willow Pond)
(Phase I)

THIS AMENDED AND RESTATED SUPPLEMENTAL DECLARATION (the
"Amended and Restated Supplemental Declaration") is made this 20-hday of Gbr-
2002, by D.R. HORTON, INC. -JACKSONVILLE, A Delaware corporation, authorized to\
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. Jolms County Resolution No. 82-37, as amended by St. Johns Couiity Resolution No.
93-159, 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 11 77, 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. 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 101 0, Page 1074 of the

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

D. Pursuant to Article VII of the Amended Declaration, Developer may amend the
Amended Declaration at any time pi-ior to tun~over- 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 quoruin was present, the
Developer and the committee coinpiised of Owners established to review and approve such
requirements and restrictions agreed to amend the use and inaintenance requirements and
restl-ictions as contained herein. Developer has ainended the Amended Declaration as provided
herein as to Willow Pond, Phase I to provide for the agreed upon use and maintenance
requirements and restrictions in the interest of the owners or Living Units within Willow Pond,
Phase I and to protect and preserve the values of Willow Pond, Phase I.
NOW, THEREFORE, in consideration of the preinises and other good and valuable
consideration, the Developer hereby amends and restates the Supplemental Declaration as
provided herein. The Developer declares that Willow Pond, Phase I shall be held, occupied,
sold, conveyed, leased, mortgaged, and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, and reservations set foi-th in the Amended Declaration and as set forth in
this Amended and Restated Suppleinental Declaration. All such easements, covenants,
conditions, restrictions and reservations shall run with title to Willow Pond, Phase I and shall be
binding upon all persons having and/or acquiring any right, title, or interest in Willow Pond,
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 an interest in Willow Pond, Phase I
or any portion thereof and Willow Pond, Phase I shall be deemed to be "Property" as such tenn
is defined in the Aineilded 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 Willow Pond, Phase I 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 Willow Pond,
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
mi