13-03810C

FIRST INSERTION
Official Records Book 4983, Page 2124, Public Records of Collier County, Florida
DWIGHT E. BROCK,
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
The undersigned, being the duly elected President of FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC., a Florida not-for-profit corporation, (hereinafter referred to as the “Master Association”), does hereby file this Notice of Preservation of Covenants on behalf of said entity and in support thereof states as follows:
1. The Master Association's mailing address is 1030 Kings Way, Naples, FL 34104. The Master Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Foxfire Community Association of Collier County, Inc. on January 30, 1984, and the Master Association was organized for the purpose of operating and administering the community known as Foxfire, pursuant to the Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1066, Pages 438 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1782, Pages 2197 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 4315, Pages 1100 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”).
2. The Master Association has mailed a Statement of Marketable Title Action as required by Section 712.06(1)(a), Florida Statutes to all members of the Master Association. Attached hereto and made a part hereof as Exhibit “A” is an Affidavit executed by Edwin A. Williams, President of the Mater Association, affirming that the Board of Directors caused the Statement of Marketable Title Action to be mailed to all members of the Master Association. Further, attached hereto and made a part hereof as Exhibit “B” is the original Statement of Marketable Title Action that was mailed to all members of the Master Association.
3. This Notice shall confirm that the Board of Directors of the Master Association approved the Statement of Marketable Title Action and the preservation of the recorded covenants and restrictions contained in the Declaration, by at least two-thirds of the members of the Board of Directors of the Master Association at its meeting held on October 17, 2013, pursuant to Section 712.05(1)(c), Florida Statutes.
4. The real property affected by this Notice is legally described in Exhibit “C” 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 Master 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.
IN WITNESS WHEREOF, the undersigned has executed this instrument on the day and year set forth below.
FOXFIRE COMMUNITY ASSOCIATION OF
COLLIER COUNTY, INC.
a Florida not-for-profit corporation
(SEAL) By: /s/ Edwin A. Williams
Edwin A. Williams
Its: President
Witnesses:
/s/ Anne M. Marchetti
Witness Name: Anne M. Marchetti
/s/ William E. Cermak
Witness Name:
William E. Cermak
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 17 day of October, 2013, by Edwin A. Williams, as President of Foxfire Community Association of Collier County, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is (X) personally known to me or produced __ as identification.
/s/ Pamela J. Cannon
Name: Pamela J. Cannon
My commission expires: 9-18-2015
(SEAL)
PAMELA J. CANNON
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE095912
Expires 9/18/2015
EXHIBIT “A”
AFFIDAVIT PURSUANT TO SECTION 712.06(1)(B), FLORIDA STATUTES
BEFORE ME, the undersigned authority, on the day and year set forth below, personally appeared Edwin A. Williams, who, being duly sworn, deposes and states:
1. My name is Edwin A. Williams. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. Affiant states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given.
2. I am the President of Foxfire Community Association of Collier County, Inc., a Florida not-for-profit corporation (“Master Association”).
3. This Affidavit is made pursuant to the requirements of Section 712.06(1)(b), Florida Statutes and relates to the preservation by the Master Association of the Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1066, Pages 438 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1782, Pages 2197 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 4315, Pages 1100 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”).
4. The Board of Directors of the Master Association caused the Statement of Marketable Title Action attached to the foregoing Notice of Preservation of Covenants as Exhibit “B” to be mailed to all members of the Master Association affected by the Declaration in accordance with Section 712.05(1), Florida Statutes (the owners of the real property described in Exhibit “C” to the foregoing Notice of Preservation of Covenants) not less than seven (7) days prior to the meeting of the Board of Directors held on October 17, 2013, at which time at least two-thirds of the members of the Board of Directors approved the preservation of the Declaration and adopted the Statement of Marketable Title Action.
FURTHER AFFIANT SAYETH NAUGHT
FOXFIRE COMMUNITY ASSOCIATION OF
COLLIER COUNTY, INC. (SEAL) By: /s/ Edwin A. Williams
Edwin A. Williams, President
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 17 day of October, 2013, by Edwin A. Williams, as President of Foxfire Community Association of Collier County, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is (X) personally known to me or produced __ as identification.
/s/ Pamela J. Cannon
Name: Pamela J. Cannon
My commission expires: 9-18-2015
(SEAL)
PAMELA J. CANNON
NOTARY PUBLIC
STATE OF FLORIDA
Comm# EE095912
Expires 9/18/2015
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC. (“Master Association”), has taken action to ensure that the Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1066, Pages 438 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 1782, Pages 2197 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Second Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Foxfire recorded in O.R. Book 4315, Pages 1100 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”), currently burdening the property of each and every member of the Master Association, retains its status as the source of marketable title with regard to the transfer of a member's residence. To this end, the Master 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 Master Association pursuant to the Association's governing documents regarding official records of the Master Association.
EXHIBIT “C”

Foxfire Unit One, according to the plat thereof recorded in Plat Book 13, Pages 84 et. seq., Public Records of Collier County, Florida.
Foxfire Unit Two, according to the plat thereof recorded in Plat Book 13, Pages 97 et. seq., Public Records of Collier County, Florida.
Foxfire Unit Three, according to the plat thereof recorded in Plat Book 13, Pages 101 et. seq., Public Records of Collier County, Florida.
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November 22, 29, 2013 13-03810C

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