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FIRST INSERTION
INSTR 4791497 OR 4879 PG 1663 RECORDED 1/28/2013 2:04PM PAGES 5
DWIGHT E. BROCK,
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $44.00
NOTICE OF PRESERVATION
OF COVENANTS
UNDER MARKETABLE
RECORD TITLE ACT
THE WOODLANDS AT KING'S LAKE ASSOCIATION, INC.
The undersigned, being the duly elected President of The Woodlands at King's Lake Association, Inc., a Florida not-for-profit corporation, does hereby file this Notice on behalf of the said entity and in support thereof states as follows:
1. The name and address of the entity filing this notice is The Woodlands at King's Lake Association, Inc., a Florida not-for-profit corporation (the “Association), whose mailing address is 2237 Royal Lane, Naples, Florida 34112. The Articles of Incorporation of the Association were originally filed with the office of the Secretary of State under the name Racquet Club of King's Lake Homeowners Association, Inc., on November 6, 1984, and the Association was organized for the purpose of operating and administering the community originally known as the Racquet Club of King's Lake and now known as The Woodlands at King's Lake, pursuant to the recorded covenants and restrictions pertaining thereto entitled Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No. 4, as it applies to The Woodlands at King's Lake, originally recorded in Official Records Book 1028, Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151, Page 0994 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
2. The Association has mailed a Statement of Marketable Title Action as required by Section 712.06(1)(b), Florida Statutes to all members of the Association. Attached hereto as Exhibit “B” is an Affidavit executed by Richard Weise, President of the Board of Directors of the Association, affirming that the Board of Directors caused the Statement of Marketable Title Action to be mailed to all members of the Association. Further, attached hereto as Exhibit “C” is the original Statement of Marketable Title Action that was mailed to all members of the Association.
3. This Notice shall confirm that the Board of Directors of the Association approved the Statement of Marketable Title Action and the preservation of the recorded covenants and restrictions contained in the Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No. 4, as it applies to the Woodlands at King's Lake, originally recorded in Official Records Book 1028, Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151, Page 0994 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time, by at least two-thirds (2/3rds) of the members of the Board of Directors of the Association at the meeting of the Board of Directors held on Sunday, January 27, 2013, pursuant to Section 712.05(1)(c), Florida Statutes.
4. The real property affected by this Notice is legally described on Exhibit “A” attached hereto and made a part hereof.
5. The real property interest claimed under this Notice, and which was approved by the Board of Directors of the Association, is the right to preserve for thirty (30) years from the ·date of this filing those certain recorded covenants and restrictions set forth in the Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No. 4, as it applies to The Woodlands at King's Lake, originally recorded in Official Records Book 1028,Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151, Page 0994 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 27th date of January, 2013.
THE WOODLANDS AT KING'S LAKE ASSOCIATION, INC.
a Florida not-for-profit corporation
By: Richard Weise, President
Witnesses:
Catherine Sharif
Robert E. Murrell
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
Exhibit “A”
Legal Description of Real Property
The real property subject to the Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No. 4, as it applies to The Woodlands at King's Lake, originally recorded in Official Records Book 1028, Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151, Page 0994 et seq., of the Public Records of Collier County, Florida, is:
Lots 1 through 15, Block P; Lots 1 through 24, Block T; and Lot 17, Block I and Tract F, all in King's Lake Unit No. 4, according to plat recorded in Plat Book 13, Pages 71 through 73, and Lots 25, 26, 27, Block T, and Lot 18, Block I, per replat of Kings Lake as recorded in Plat Book 13, pages 82 and 83, of the Public Records of Collier County, Florida.
Exhibit “B”
AFFIDAVIT OF MAILING
TO MEMBERS OF THE WOODLANDS AT KING'S LAKE ASSOCIATION, INC. THE STATEMENT OF
MARKETABLE
TITLE ACTION
BEFORE ME, the undersigned authority, on this 27th day of January, 2013, personally appeared Richard Weise, who being duly sworn, deposes and states:
1. My name is Richard Weise and I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein.
2. I am the President and a member of the Board of Directors of The Woodlands at King's Lake Association, Inc., a Florida not-for-profit corporation (the “Association”).
3. This Affidavit is made pursuant to the requirements set forth in Section 712.06(1)(b), Florida Statutes and relates to the preservation by the Association of the recorded covenants and restrictions pertaining thereto entitled Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No. 4, as it applies to The Woodlands at King's Lake, originally recorded in Official Records Book 1028, Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151, Page 0994 et seq., of the Public Records of Collier County, Florida, as amended arid/or restated from time to time (the “Declaration”).
4. The Board ofDirectors of the Association caused the Statement of Marketable Title Action in the form attached as Exhibit “C” to be mailed to all members of the Association affected by the Declaration in accordance with Section 712.05(1), Florida Statutes, at least seven (7) days prior to the meeting of the Board of Directors. Said Statement of Marketable Title Action is the same such statement presented to and approved by the members of the Board of Directors of the Association at the meeting of the Board of Directors held on Sunday, January 27, 2013 pursuant to Section 712.05(1)(c), Florida Statutes.
5. Affiant states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given.
FURTHER AFFIANT SAYETH NAUGHT.
THE WOODLANDS AT KING'S LAKE ASSOCIATION, INC.
a Florida not-for-profit corporation
By: Richard Weise, President
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
Exhibit “C”
STATEMENT OF
MARKETABLE
TITLE ACTION
THE WOODLANDS AT KING'S LAKE ASSOCIATION, INC. (the “ASSOCIATION”) has taken action to ensure that the Declaration of Protective Covenants, Conditions and Restrictions for King's Lake Unit No.4, as it applies to The Woodlands at King's Lake, originally recorded in Official Records Book 1028, Page 0522 et seq., of the Public Records of Collier County, Florida, which Declaration applies to The Woodlands at King's Lake; as well as the restrictive covenants contained in the Articles of Incorporation and Bylaws originally recorded in Official Records Book 1108, Page 01682 et seq., of the Public Records of Collier County, Florida, which restrictive covenants in the Articles of Incorporation and Bylaws apply to the members of The Woodlands at Kings's Lake Association, Inc.; as well as that certain easement originally recorded at Official Records Book 1151,Page 0994 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time, currently burdening the property of each and every member of the Association described in the Declaration, 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 Collier 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.
Robert E. MURRELL, Esq.
SAMOUCE, MURRELL & GAL, P.A.
5405 Park Central Court
Naples, Florida 34109
Telephone (239) 596-9522
July 19, 26, 2013 13-0000C