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FIRST INSERTION
NOTICE OF PRESERVATION OF DECLARATION OF COVENANTS AND RESTRICTIONS OF
LAKE HEATHER OAKS NORTH LAKES, SECTION F, UNITS 2&3
AND LAKE HEATHER OAKS NORTH LAKES, SECTION F,
UNIT 1
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 Restrictions of Lake Heather Oaks North Lakes, Section F, Units 2&3 recorded at Official Records Book 4229, Page 609;and
2. Declaration of Restrictions of Lake Heather Oaks North Lakes, Section F, Unit 1 recorded at Official Records Book 4235, Page 523;
both of the Public Records of Hillsborough 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 North Lakes, Section F, Unit 1, according to the plat thereof, as recorded in Plat Book 52, Pages 58-1 through 58-3;
2. All real property on the Plat of North Lakes, Section F, Unit 2, according to the plat thereof, as recorded in Plat Book 54, Pages 3-1 through 3-6; and
3. All real property on the Plat of North Lakes, Section F, Unit 3, according to the plat thereof, as recorded in Plat Book 54, Pages 2-1 through 2-4
all of the Public Records of Hillsborough County, Florida.
The name and address of the homeowners' association filing this Notice on behalf of the Members is Lake Heather Oaks Homeowners' Association, Inc., a Florida not-for-profit corporation, c/o Kevin Wilkins, Treasurer, 16706 Rolling Rock Drive, Tampa, Florida 33618 (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 DARYL ROGERS
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority personally appeared Daryl Rogers, who after first being duly sworn, deposes and says:
1. I am the President of Lake Heather Oaks Homeowners' 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 December 12, 2012 at 7:00 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 Restrictions for Lake Heather Oaks North Lakes, Section F, Units 2 & 3 recorded at Official Records Book 4229, Page 609 and the Declaration of Restrictions for Lake Heather Oaks North Lakes, Section F, Unit 1 recorded at Official Records Book 4235, Page 523, both of the Public Records of Hillsborough 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 Lake Heather Oaks Homeowners' Association, Inc. (the “Association”) has taken action to ensure that the Declaration of Restrictions For Lake Heather Oaks North Lakes, Section F, Units 2 & 3 recorded at Official Records Book 4229, Page 609 and the Declaration of Restrictions For Lake Heather Oaks North Lakes, Section F, Unit 1 recorded at Official Records Book 4235, Page 523, both of the Public Records of Hillsborough 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 Hillsborough 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, Daryl Rogers
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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 12/12/,2012.
EXECUTED at Tampa, Hillsborough County, Florida, on this 19 day of December, 2012.
LAKE HEATHER OAKS HOMEOWNERS' ASSOCIATION, INC.
WITNESSES:
Print Name: Stacie DeSart
Print Name: Elizabeth Burgos
Print Name: Stacie DeSart
Print Name: Elizabeth Burgos
By: Print Name: Daryl Rogers
President
Attest: Print Name: Ken Becker
Secretary
Address: 16711 Rolling Rock Dr
Tampa, FL 33618
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
INSTRUMENT#: 2013018560, O BK 21611
PG 1507-1510 01/14/2013
at 11:08:51 AM.
DEPUTY CLERK: SEDSON Pat Frank, Clerk of the Circuit Court Hillsborough County
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
February 1, 8, 2013 13-01182H