13-03955C

FIRST INSERTION
INSTR 4900821 OR 4974 PG 281
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 (PINECREST)
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 “D”, Pelican Bay Unit Four, originally recorded in Official Records Book 1 1 1 8, Page 2352-2358, 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 “D”, Pelican Bay Unit Four, originally recorded in Official Records Book 1118, Page 2352-2358, 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 “D”, Pelican Bay Unit Four, originally recorded in Official Records Book 1118, Page 2352-2358, 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:
DARLA McKAY
/s/ 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”
Legal Description of Real Property
Description Part of Parcel “D” of Pelican Bay Unit Four, Plat Book 13, pages 30 thru 32, Collier County, Florida (for Mr. Robert Buck)
BEGINNING at the westerly most corner of Site 5, Block “D” of Pelican Bay Unit Four as recorded in Plat Book 13, pages 30-32, Collier County, Florida;
thence North 43°-21'-02” West 40.00 feet;
thence North 43°-20'-16” East 165.19 feet to a point on the westerly Right-of-way of Ridgewood Drive;
thence southeasterly 30.00 feet along the arc of a circular curve concave southwesterly having a radius of 1035.76 feet through a central angle of 1°-39'-34” and being subtended by a chord which bears, South 50°-52'-10” East 30.00 feet to the northerlymost corner of said Site 5,
thence along the northwesterly boundary of said Site 5, South 39°-57'-37” West 170.00 feet to the POINT OF BEGINNING.
containing 0.13 acres more or less;
subject to easements and restrictions of record. Bearings are based on the northwesterly line of said Site 5, Block “D” being South 39°-57'-37” West.
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 “D”, Pelican Bay Unit Four, originally recorded in Official Records Book 1118, Page 2352-2358, 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 date 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 James Hoppensteadt, as President of Pelican Bay Foundation, Inc., a Florida not-for-profit 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 “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 “D”, Pelican Bay Unit Four, originally recorded in Official Records Book 1118, Page 2352-2358, 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 71 2, 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
November 22, 29, 2013 13-03955C