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FIRST INSERTION
INSTR 4952023 OR 5014 PG 801 E-RECORDED 3/6/2014 11:38 AM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $69.50
NOTICE OF PRESERVATION OF COVENANTS
UNDER MARKETABLE
RECORD TITLE ACT
(QUAIL CREEK VILLAGE)
The undersigned, being the duly elected President of Quail Creek Village 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 Quail Creek Village Foundation, Inc., a Florida not-for-profit corporation (the “Association”), whose mailing address is 11655 Quail Village Way Naples, FL 34119. The Articles of lncorporation of the Association were originally filed with the office of the Secretary of State under the name Quail Creek Village Foundation, Inc. on June 13, 1984, and the Association was organized for the purpose of operating and administering the community known as Quail Creek Village, pursuant to the recorded covenants and restrictions pertaining thereto entitled Declaration and General Protective Covenants for Quail Creek Village, originally recorded in Official Records Book 1093, Page 1111 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 the 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 and General Protective Covenants for Quail Creek Village, originally recorded in Official Records Book 1093 Page 1111 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 atthe Regular Meeting of the Board of Directo1·sheld on February 20, 2014, pursuant to Section 712,05(l)(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 1'ight to preserve for thirty (30) years from the date of this filing those certain recorded covenants and restrictions set forth in the Declaration and General Protective Covenants for Quail Creek Village, originally recorded in Official Records Book 1093, Page 1111 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 28th date of February, 2014
QUAIL CREEK VILLAGE
FOUNDATION, INC.
a Florida not-for-profit corporation
By: Francis Accorsini, President
Two Witnesses
Notary Block
State of Florida
County of Collier
Exhibit “A”
Legal Description of
Real Property
The real property subject to the Declaration and General Covenants for Quail Creek Village, recorded as Exhibits “A” to the Declaration originally recorded in Official Records Book 1093 Page 1111 et seq, of the Public Records of Collier County, Florida and the real property added by subsequent amendment described on Exhibit “A-1” to the Amendments of General Covenants for Quail Creek Village recorded in Official Records Book 3051, Page 3069 et seq, of the Public Records Collier County, Florida and both Exhibits also attached to this Exhibit “A”.
Description of Land-Exhibit “A”
(being all of Tract GC-1, Tract GC-2, Tract “A”,
Blocks “A” and “B” and Parcel “R”)
Being a part of Section 20, Township 48 South, Range 26 East
Collier County, Florida
(Reference: Quail 2)
Commencing at the Southwest corner of Section 20, Township 48 South, Range 26 East, Collier County, Florida; thence along the south line of said Section 20, North 89º-09'-18” East 999.49 feet; thence North 1º-08'-47” West 100.00 feet to the north line of the Collier County Canal Drainage right-of-way as recorded in Deed Book 43, page 267, Collier County Public Records; thence continue North 1º-08'-47” West 860.81 feet to the Point of Beginning of the land herein described; thence continue North 1º-08'-47” West 4353.88 feet to a point on the north line of said Section 20 and the south line of “Quail Creek Unit One” according to the plat thereof as recorded in Plat Book 13, pages 19 through 26, Collier County Public Records, Collier County, Florida; thence along said north line of Section 20 and said south line of “Quail Creek Unit One”, North 89º-05'-08” East 1538.74 feet to a point on the westerly right-of-way line of Valewood Drive as shown on the plat of said “Quail Creek Unit One” thence along said westerly right-of-way line of Valewood Drive in the following eighteen (18) described courses: (1) South 26º-19'-54” East 28.51 feet; (2) Southeasterly 261.26 feet along the arc of a tangential circular curve concave to the southwest, having a radius of 592.45 feet, through a central angle of 25º-15'-58” and being subtended by a chord which bears South 15º-42'-01” East 259.15 feet; (3) South 1º-04'-02” East 458.03 feet; (4) Southerly 99.48 feet along the arc of a tangential circular curve concave to the West, having a radius of 570.00 feet; through a central angle of 10º-00'—00” and being subtended by a chord which bears South 3º-55'-58” West 99.36 feet; (5) South 8º-55'-58” West 124.00 feet; (6) Southerly 219.91 feet along the arc of a tangential circular curve concave to the East, having a radius of 630.00 feet, through a central angle of 20º-00'-00” and being subtended by a chord which bears South 1º04'-02” East 218.80 feet; (7) South 11º-04'-02” East 124.00 feet; (8) Southerly 99.48 feet along the arc of a tangential circular curve concave to the west, having a radius of 570.00 feet, through a central angle of 10º-00'-00” and being subtended by a chord which bears South 6º-04'-02” East 99.36 feet; (9) South 1º-04'-02” East 340.00 feet; (10) Southerly 156.79 feet along the arc of a tangential circular curve concave to the west, having a radius of 770.00 feet, through a central angle of 11º-40'-00” and being subtended by a chord which bears South 4º-45'-58” West 156.52 feet; (11) South 10º-35'-58” West 132.00 feet; (12) Southerly 338.01 feet along the arc of a tangential circular curve concave to the East, having a radius of 830.00 feet, through a central angle of 23º-20'-00” and being subtended by a chord which bears South 1º-04'-02” East 335.68 feet; (13) South 12º-44'-02” East 132.00 feet; (14) Southerly 156.79 feet along the arc of a tangential circular curve concave to the West, having a radius of 770.00 feet; through a central angle of 11º-40'-00” and being subtended by a chord which bears South 6º-54'-02” East 156.52 feet; (15) South 1º-04'-02” East 650.00 feet; (16) Southwesterly 572.63 feet along the arc of a tangential circular curve concave to the northwest, having a radius of 545.00 feet, through a central angle of 60º-13'-20” and being subtended by a chord which bears South 29º-02'-33” West 546.83 feet; (17) South 59º-09'-18” West 447.92 feet; (18) Southwesterly 722.63 feet along the arc of a tangential circular curve concave to the southeast, having a radius of 930.00 feet, through a central angle of 44º -31'-13” and being subtended by a chord which bears South 36º-53'-42” West 704.59 feet; thence North 70º-00'-00” West 541.22 feet to the Point of Beginning of the parcel therein described; being a part of Section 20, Township 48 South, Range 26 East, Collier Count, Florida; Subject to easements and restrictions of record; Containing 150.01 acres more or less.
Description of part of the southwest ¼ of Section 20,Township 48 South, Range 26 East, Collier County, Florida-Exhibit “A-1”
(Temporary Sewage Treatment Plant Future Civic and Public Service Site)
Commencing at the southwest corner of Section 20, Township 48 South, Range 26 East, Collier County, Florida; thence along the south line of said Section 20, North 89º-09'-18” East 1000.01 feet; thence along the east line of west 1000.00 feet of said Section 20, North 1º-08'-47” West 100.00 feeet to the north line of the Collier County drainage right-of-way as recorded in Deed Book 43, page 267, Collier County Public Record, for the POINT OF BEGINNING of the parcel herein described; thence continuing along the west line of west 1000.00 feet of said Section 20, North 1º-08'-47” West 860.81 feet; thence South 70º-00'-00” East 541.22 feet to the west right-of-way line of Valewood Drive as shown on the plat of Quail Creek Unit One according to the plat thereof as recorded in Plat Book 13, pages 19 through 26 inclusive, Collier County Public Records, Collier County, Florida; thence along said west right-of-way line South 14º-38'-04” West 257.55 feet; thence continuing along said west right-of-way line, South 0º-50'-42” East 420.00 feet to the north line of said Collier County drainage right-of-way; thence along the north line of said Collier County drainage right-of-way, South 89º09'-18” West 423.53 feet to the Point of Beginning; being a part of southwest ¼ of Section 20, Township 48 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of record and to a drainage easement over the west 80.00 feet thereof; the bearings used herein are based on the south line of the southwest ¼ of said Section 20 bearing North 89º-09'-18” East and are true.
Exhibit “B”
AFFIDAVIT OF MAILING
TO MEMBERS OF
QUAIL CREEK VILLAGE
FOUNDATION, INC.
THE STATEMENT OF
MARKETABLE TITLE
ACTION
BEFORE ME, the undersigned authority, on this 28th day of February 2014, personally appeared Francis Accorsini, who being duly sworn, deposes and states:
1. My name is Francis Accorsini 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 Quail Creek Village Foundation, Inc., a Florida not-for-profit corporation (the “Association”).
3. This Affidavit is made pursuant to the requirements set forth in Section 712.06(l)(b), Florida Statutes and relates to the preservation by the Association of the recorded covenants and restrictions pertaining thereto entitled Declaration and General Protective Covenants for Quail Creek Village, originally recorded in Official Records Book 1093,Page 1111 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 “C”·to be mailed to all members of the Association affected by the Declaration in accordance with Section 712.05(1), 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 February 20, 2014 pursuant to Section 712.05(l)(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 NAUTHT
By: Francis Accorsini, President
Two Witnesses
Notary Public
STATE OF FLORIDA
COUNTY OF COLLIER
Exhibit “C”
STATEMENT OF
MARKETABLE TITLE ACTION
Quail Creek Village Foundation, Inc., (the “Association”) has taken action to ensure that the Declaration and General Protective Covenants for Quail Creek Village, originally recorded in Official Records Book 1093 Page 1111 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.
April 4, 11, 2014 14-00939C