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FIRST INSERTION
NOTICE OF PRESERVATION
OF DECLARATION OF
COVENANTS, CONDITIONS, AND
RESTRICTIONS MONACO
GARDENS Pursuant to §712.05, Florida Statutes
INSTRUMENT # 2011365246,
O.R. BK: 20797 PG: 176-198 11/08/2011 at 02:10:44 pm
DEPUTY CLERK: ADANIEL
Pat Frank,
Clerk of the Circuit Court,
Hillsborough County
WHEREAS, the Declaration of Covenants, Conditions, and Restrictions Monaco Gardens (the “Declaration”) was recorded on the second day of April, 1981, in Official Records Book 3786, Pages 1889 - 1904 of the Public Records of Hillsborough County, Florida; and
WHEREAS, Monaco Gardens Homeowners' Association, Inc., a Florida not-for-profit corporation organized pursuant to Chapters 617, Florida Statutes, whose post office address is 4131 Gunn Highway, Tampa, Florida, 33618 (the “Association”), desires to preserve the Declaration pursuant to §712.05 and §712.06, Florida Statutes; and
WHEREAS, preservation of the Declaration was approved by more than two thirds of the members of the Board of Directors of the Association at a meeting held on October 26, 2011, for which a Notice, stating the meeting's time and place and containing the Statement of Marketable Title Action described in §712.06(1)(b), Florida Statutes, was mailed to the members of the Association not less than seven days prior to such meeting; and
NOW, THEREFORE, the Association hereby gives notice as follows:
1. The recitals stated above are true and correct and by this reference are incorporated herein.
2. A true and correct copy of the Declaration is attached hereto as Exhibit “A”, in accordance with §712.06(1)(d), Florida Statutes.
3. A full and complete description of all land affected by this Notice is set forth in the Declaration, in accordance with §712.06(1)(c), Florida Statutes.
4. The Affidavit of James Williams, the President and a Director of the Association, affirming that the Board of Directors of the Association caused the Statement of Marketable Title Action to be mailed to all members of the Association, is attached hereto and incorporated herein as Exhibit “B”.
5. A copy of the Notice announcing the meeting at which the Board of Directors approved preservation of the Declaration that was distributed to all homeowners as required by §712.05, Florida Statutes, and an Affidavit of Mailing, are attached hereto and incorporated herein as Exhibit “C”.
6. The Minutes of the Meeting of the Board of Directors of the Association at which the Board of Directors approved preservation of the Declaration which currently burdens the property of each and every member of the Association is attached hereto and incorporated herein as Exhibit “D”.
Signed, sealed and delivered
in the presence of:
Print Name: Karen Neidig, Treasurer
Print Name: James P. Foley
MONACO GARDENS HOMEOWNERS ASSOCIATION, INC.
a Florida not-for-profit corporation
By: James Williams, President
Date: 10-26-11
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 26 day of October, 2011, by JAMES WILLIAMS, as the President of Monaco Gardens Homeowners Association, Inc., a Florida not-for-profit corporation, who is personally known to me (___) has produced __________________________as identification.
AFFIX NOTARY SEAL
Print Name: David M Felice
David M. Felice
Notary Public
PREPARED BY AND RETURN TO:
David M. Felice, Esq.
Terra Law Firm, P.A.,
4809 Ehrlich Road, Suite 104
Tampa, FL 33624
November 18, 25, 2011 11-3217H