12-10887

FIRST INSERTION
NOTICE OF PRESERVATION OF DECLARATION OF COVENANTS AND RESTRICTIONS OF CYPRESS RUN
THIS NOTICE is being recorded pursuant to Sections 712.05 and 712.06, Florida Statutes, in order to preserve the easements, restrictions, covenants, conditions and all other provisions of the following documents:
1. Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 5507, Page 1170;
2. Amendment to Declaration of Covenants and Restrictions of Cypress Run Property Owners' Association, Inc. recorded at Official Records Book 5974, Page 979;
3. Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6529, Page 1934;
4. Certificate of Amendment to Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6530 Page 0153;
5. Affidavit of Scrivener's Error; Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6565 Page 623;
6. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 7315, Page 1122;
7. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 8359, Page 2093;
8. Certificate of Amendment to the Declaration of Covenants and Restrictions recorded at Official Records Book 11404, Page 1861;
9. Certificate of Amendment to the Declaration of Covenants and Restrictions recorded at Official Records Book 12158 Page 489;
10. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 12741, Page 1578;
11. Amended Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16151, Page 1441;
12. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16499, Page 406;
13. Second Amended Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16677, Page 1050;
14. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 8199 Page 911;
15. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16884, Page 1332;
16. Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17226, Page 1435; and
17. Certificate of Amendment to the Amended and Restated Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17478, Page 2345
all of the Public Records of Pinellas County, Florida (hereinafter collectively referred to as the “Declaration”).
The property affected by this Notice is described as:
1. All real property on the Plat of Cypress Run Unit I, according to the plat thereof, as recorded in Plat Book 86, Page 27; and
2. All real property on the Plat of Cypress Run Unit II, according to the plat thereof, as recorded in Plat Book 87, Page 65
both of the Public Records of Pinellas County, Florida.
The name and address of the homeowners' association filing this Notice on behalf of the Members is Cypress Run Property Owners' Association, Inc., a Florida not-for-profit corporation, c/o Terri Whetzel, Innovative Community Management Solutions, 600 E. Tarpon Avenue, Tarpon Springs, Florida 34689 (hereinafter “Association”).
Attached hereto as Exhibit “A” is an Affidavit executed by the President of the Association affirming that the meeting's date, time, place and the Statement of Marketable Title Action required by Section 712.06(1)(b), Florida Statutes, was mailed to the Members at least seven (7) days prior to the Special Board of Directors Meeting, where the Board of Directors approved the preservation of the Declaration.
EXHIBIT “A”
AFFIDAVIT OF ROBERT
DELLA PENNA
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority personally appeared ROBERT DELLA PENNA, who, after first being duly sworn, deposes and says:
1. I am the President of Cypress Run Property Owners' Association, Inc. (the “Association”), and I have personal knowledge of the matters contained herein and know them to be true and correct.
2. That the Board of Directors Meeting was scheduled for November 15, 2012, at 5:30 P.M. That the Board of Directors of the Association caused a notice setting forth the date, time, place and the Statement of Marketable Title Action, which is set forth below, to be mailed to the Members of the Association not less than seven (7) days prior to the Board of Directors Meeting, at which the Board of Directors voted to preserve the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 5507, Page 1170; Amendment to Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 5974, Page 979; Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6529, Page 1934; Certificate of Amendment to Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6530 Page 153; Affidavit of Scrivener's Error to Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6565 Page 623; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 7315, Page 1122; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 8359, Page 2093; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 11404, Page 1861; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 12158 Page 489; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 12741, Page 1578; Amended Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16151, Page 1441; Certificate of Amendment to the Declaration of Covenants and Restriction of Cypress Run recorded at Official Records Book 16499, Page 406; Second Amended Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16677, Page 1050; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 8199 Page 911; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 16884, Page 1332; Certificate of Amendment to the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17226, Page 1435; Certificate of Amendment to the Amended and Restated Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17478, Page 2345; Notice of Re-Recording Certificate of Amendment to Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17712, Page 318, all of the Public Records of Pinellas County, Florida (hereinafter the “Declaration”), burdening the property of the Members of the Association pursuant to Chapter 712, Florida Statutes.
STATEMENT OF MARKETABLE TITLE ACTION
The Cypress Run Property Owners' Association, Inc. (the “Association”) has taken action to ensure that the Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 5507, Page 1170; Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 6529, Page 1934; and the Amended and Restated Declaration of Covenants and Restrictions of Cypress Run recorded at Official Records Book 17226, Page 1435, all of the Public Records of Pinellas County, Florida (hereinafter the “Declaration”), as may be amended from time to time, currently burdening the property of each and every member of the Association, retains its status as the source of marketable title with regard to the transfer of a member's residence. To this end, the Association shall cause the notice required by Chapter 712, Florida Statutes, to be recorded in the Public Records of Pinellas County, Florida. Copies of this notice and its attachments are available through the Association pursuant to the Association's governing documents regarding official records of the Association.
FURTHER AFFIANT SAYETH NAUGHT.
Affiant, ROBERT DELLA PENA
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was sworn and subscribed before me this 15TH day of November, 2012, by ROBERT DELLA PENNA, as the President of Cypress Run Property Owners' Association, Inc., a Florida not-for-profit corporation, on behalf of the corportion. He is personally known to me.
(NOTARY SEAL)
NOTARY PUBLIC - STATE OF FLORIDA
Print Name: TERRI B. WHETZEL
Commission No.: 170309
Commission Expires: 3/15/16
By their signatures below, the President and Secretary of the Association hereby certify that preservation of the Declaration was duly approved by at least two-thirds (2/3) of the members of the Board of Directors at a Special Board of Directors Meeting held on November 15, 2012.
EXECUTED at TARPON SPRINGS, Pinellas County, Florida, on this 15 day of Nov, 2012.
WITNESSES:
Print Name: Daniel P. Ryan
Print Name: Shelly Rogers
Print Name: Truniceniz
Print Name: Tom G Scoggins
CYPRESS RUN PROPERTY OWNERS' ASSOCIATION, INC.
By: Robert Della Penna
President
Address: 2605 ST Andrews Blvd
Tarpon Springs FL 34688
Attest: Robert J. Laferriere
Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING INSTRUMENT was acknowledged before me this 15TH day of November, 2012, by Robert Della Penna and Robert Laferriere, as the President and Secretary, respectively, of CYPRESS RUN PROPERTY OWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, who are personally known to me. They acknowledged executing this document in the presence of two subscribing witnesses, freely and voluntarily, under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last aforesaid on this 15 day of November, 2012.
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2012341597 11/27/2012 AT 08:21 AM
OFF REC BK: 17794 PG: 817-822
DocType:RST RECORDING: $52.50
Notary Public - State of Florida
Print Name: TERRI B. WHETZEL
Commission No.: 170309
My Commission Expires: 3/15/16
This instrument prepared by and should be returned to: Michael J. Brudny, Esq.
TAYLOR & CARLS, P.A.
200 Pine Avenue North, Suite A
Oldsmar, FL 34677
(727) 530-5200
Crun001 MRTA not2
December 7, 14, 2012 12-10887