13-03954C

FIRST INSERTION
INSTR 4900822 OR 4974 PG 286
RECORDED 10/10/2013 10:36 AM 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 (PELICAN BAY WOODS)
The undersigned, being the duly elected President of Pelican Bay Foundation, 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 Pelican Bay Foundation, Inc., a Florida not-for-profit corporation (the “Association”), whose mailing address is 6251 Pelican Bay Blvd., Naples, Florida 34108. The Articles of Incorporation of the Association were originally filed with the office of the Secretary of State under the name Pelican Bay of Naples Foundation, Inc. on May 11, 1979, and the Association was organized for the purpose of operating and administering the community known as Pelican Bay and various neighborhoods within Pelican Bay including, without limitation, pursuant to the recorded covenants and restrictions pertaining thereto entitled Declaration of Restrictions and Protective Covenants for Block “A” and Block “B”, Pelican Bay Unit Four, originally recorded in Official Records Book 1092, Page 740 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(l)(b), Florida Statutes to all members of the Association. Attached hereto as Exhibit “B” is an Affidavit executed by Robert A Pendergrass, 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 Restrictions and Protective Covenants for Block “A” and Block “B”, Pelican Bay Unit Four, originally recorded i n Official Records Book 1092, Page 740 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time, by at least two-thirds of the members of the Board of Directors of the Association at the Regular Meeting of the Board of Directors held on September 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 Restrictions and Protective Covenants for Block “A” and Block “B”, Pelican Bay Unit Four, originally recorded in Official Records Book 1092, Page 740 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 30 date of September, 2013.
PELICAN BAY FOUNDATION, INC.,
a Florida not-for-profit corporation
By: /s/ James Hoppensteadt
James Hoppensteadt, President
Witnesses:
/s/ Darla McKay
DARLA McKAY
/s/ Frank J Laney
Frank J. Laney
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 27th day of September, 2013 by James Hoppensteadt, as President of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who is (--) personally known to me or ( ) has produced
as identification.
/s/ Suzanne Minadeo
Notary Public
Name: Suzanne Minadeo
My commission expires:
(SEAL)
SUZANNE MINADEO
MY COMMISSION # EE 069976
EXPIRES: July 2, 2015
Bonded Thru Notary Public Underwriters
Exhibit “A”
All that part of Section 4 and all that part of Section 9, Township 49 South, Range 25 East, Collier County, Florida, described as follows:
Commencing at the Northeast corner of Section 9, Township 49 South, Range 25 East, Collier County Florida;
thence along the North line of said Section 9, South 89°-16'-35” West 150.00 feet to the West Right-of-Way line of U.S. 41 Tamiami Trail) and the POINT OF BEGINNING of the land herein described;
thence along the West Right-of-Way line of said U.S. 41 (Tamiami Trail) South 0°-37'-05” East 1861.35 feet to the Northeast corner of Parcel “K” of Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages47 through 52, Collier County Public Records, Collier County, Florida;
thence along the North line of said Parcel “K”, South 89°-22'-55” west 100.00 feet to the most Easterly corner of Site 14, Block “B” of said Pelican Bay Unit One; thence along the Northerly line of said Block “B” the following three (3) courses,
(1) North 50°-00'-16” West 102.73 feet;
(2) thence North 76°-21'-44” West 169.05 feet;
(3) thence North 57°-10'-54” West 161.53 feet to the Easterly line of Ridqewood Drive of said Pelican Bay Unit One;
thence along said Easterly line North 24°-56' -18” East 173.15 feet;
thence along the Northerly termination of Ridqewood Drive of said Pelican Bay Unit One North 65°-03'-42” West 84.00 feet to the Northeast corner of Site 59, Block “A” of said Pelican Bay Unit One;
thence along the Northerly line of said Block “A”, North 57°-10'-54“ West 346.15 feet; thence continue along the Northerly line of said Block “A”, North 77°-05'-00” West
503.16 feet to the most Northerly corner of Site 53, Block “A”, of said Pelican Bav Unit One, said most Northerly corner also being on the Easterly line of Parcel “M” of Pelican Bay Unit Two, according to the plat thereof as recorded in Plat Book 12, pages 74 through 79 Collier County Public Records, Collier County, Florida;
thence along the Easterly line of said Parcel “M”, North 8°-06'-09” East 212.52 feet; thence continue along said Easterly line of Parcel “M”, North 68°-43'-25” West 208.44 feet; thence continue along the Easterly line of said Parcel “M”, North 29°-40'-25” West
630.00 feet;
thence continue along the Easterly line of said Parcel “M”, North 14°-57'-25” West 1068.27 feet to the Southeasterly Right-of-Way line of Gulf Park Drive of said Pelican Bay Unit Two; thence along said Right-of-Way line the following described courses;
Northeasterly 782.98 feet along the arc of a non-tangential circular curve concave to the Northwest, having a radius of 1003.84 feet and being subtended by a chord which bears North 41Ëš-16'-09” East 763.28 feet;
thence North 18°-55'-27” East 256.64 feet;
thence Northeasterly 1401. 27 feet along the arc of a circular curve concave to the Southeast, having a radius of 1140.00 feet and being sub tended by a chord which bears North 54°-08'-16” East 1314.71 feet;
thence North 89Ëš-21'-05” East 267.07 feet;
thence Easterly and Southeasterly 78.54 feet along the arc of a circular curve concave to the southwest, having a radius of 50.00 feet and being subtended by a chord which bears South 45°-38'-55” East 70.71 feet to the Westerly Right-of-Way line of U.S. 41 (Tamiami Trail);
thence along said Westerly Right-of-Way line South 0°-38''-55” East 2229.29 feet;
thence continue along said Westerly Right-of-Way line, South 0Ëš-37'-05” East 0.24 feet to the Point of Beginning of the land herein described;
containing 129.77 acres of land more or less.
Exhibit “B”
AFFIDAVIT OF MAILING TO MEMBERS OF PELICAN BAY FOUNDATION, INC. THE STATEMENT OF MARKETABLE TITLE ACTION

BEFORE ME, the undersigned authority, on this 27th day of September, 2013, personally appeared Robert A. Pendergrass, who being duly sworn, deposes and states:
I . My name is Robert A. Pendergrass, 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 Pelican Bay Foundation, Inc., a Florida not-for-profit corporation (the “Association”).
3. This Affidavit is made pursuant the requirements set forth in Section 712.06(I)(b), Florida Statutes and relates to the preservation by the Association of the recorded covenants and restrictions pertaining thereto entitled Declaration of Restrictions and Protective Covenants for Block “A” and Block “B”, Pelican Bay Unit Four, originally recorded in Official Records Book 1092, Page 740 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time (the “Declaration”).
4. The Board of Directors of the Association caused the Statement of Marketable Title Action in the form attached as Exhibit “B” to be mailed to all members of the Association affected by the Declaration in accordance with Section 712.05(I), Florida Statutes. 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 Regular Meeting of the Board of Directors held on September 27, 2013 pursuant to Section 712.05(1)(c), Florida Statutes.

5. Affiant states that the information contained i n this Affidavit is true, correct and current as of the elate this Affidavit is given.
FURTHER AFFIANT SAYETH NAUGHT.
/s/ Robert A. Pendergrass
Robert A. Pendergrass, as President of the Board of Directors of Pelican Bay Foundation, Inc., a Florida-not-for-profit corporation
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 27th day of September, 2013 by Robert A. Pendergrass, as President of the Board of Directors of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, (--) who is personally known to me or ( ) who has produced as identification, and who did take an oath.
/s/ Suzanne Minadeo
Notary Public
Name: Suzanne Minadeo
My commission expires:
(NOTARY SEAL)
SUZANNE MINADEO
MY COMMISSION # EE 069976
EXPIRES: July 2, 2015
Bonded Thru Notary Public Underwriters
Exhibit “C”
STATEMENT OF MARKETABLE TITLE ACTION
THE PELICAN BAY FOUNDATION, INC. (the “ASSOCIATION”) has taken action to ensure that the Declaration of Restrictions and Protective Covenants for Block “A” and Block “B”, Pelican Bay Unit Four, originally recorded in Official Records Book 1092, Page 740 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.
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail North. Suite 300
Naples, Florida 34103
(239) 435-3535
Nov. 29; Dec. 6, 2013 13-03954C