22-02182L
NOTICE TO PRESERVE AND PROTECT DEED RESTRICTIONS RELATING TO
USEPPA ISLAND COTTAGE SITES - PHASE IIIA
FROM EXTINGUISHMENT UNDER THE MARKETABLE RECORD TITLE ACT, CHAPTER 712, FLORIDA STATUTES
1. Legal Name of the Claimant Claiming Rights or Interests Subject to extinguishment: USEPPA INN AND DOCK COMPANY, LTD., a Florida limited partnership (the “Developer’’).
2. Mailing Address of Developer: P.O. Box 640, Bokeelia, Florida 33922.
3. Physical Address of Developer: 8115 Main Street, Bokeelia, Florida 33922.
4. Common Name of Community: Useppa Island Cottage Sites - Phase IIIA (the “Community”).
5. This Notice constitutes a notice to preserve and protect covenants or restrictions from extinguishment under the Marketable Record Title Act.
6. Covenants Preserved: The Deed Restrictions Relating to Useppa Island Cottage Sites - Phase IIIA, recorded in Official Records Book 2944, Page 2395, et seq., of the Public Records of Lee County, Florida, as amended by that certain Amendment Extending Deed Restrictions, recorded in Instrument Number 2012000108375, of the Public Records of Lee County, Florida (collectively, the “Deed Restrictions”), as may be amended from time to time, contains the covenants and restrictions affecting the Community that the Developer desires to be preserved from extinguishment.
a. Statement of Claim. The Deed Restrictions designate the Developer as the entity responsible for enforcing and fulfilling the provisions of the Deed Restrictions, including, without limitation: (i) provision, operation, and maintenance of the common areas and amenities in the Community; (ii) levying and collecting assessments for the costs of such operation and maintenance; (iii) enforcing the Deed Restrictions; (iv) approving plans and improvements on parcels; and (v) the Deed Restrictions grant the Developer a right to repurchase of individual parcels in the Community.
7. Legal Description: The legal description of the Community, being all the land affected by the Deed Restrictions and by this Notice, is as follows:
All of Government Lot 1, Section 9, Township 44 South, Range 21 East, and all of Government Lot 2, Section 4, Township 44 South, Range 21 East, being all of Useppa Island and except that portion of said land known as Whoopee Island, and approaches thereto, said Whoopee Island also described as Government Tract 44, Township 44 South, Range 21 East (the “Property”).
8. Owners: The foregoing notice was recorded in Official Records Instrument No. 2022000206032, Public Records of Lee County, Florida, with a list of parcel owners having an interest in the Property attached thereto.
IN WITNESS WHEREOF, the undersigned executed this instrument on the day and year set forth below.
Date: 5/9/22
USEPPA INN AND DOCK COMPANY, LTD., a Florida limited partnership
By: USEPPA INN AND DOCK COMPANY, INC., its General Partner
By: Donald Beckstead, President
(CORPORATE SEAL)
July 1, 8, 2022 22-02182L
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