14-01834N

FIRST INSERTION
NOTICE OF PRESERVATION OF BUILDING RESTRICTIONS DEED
I#: 2014042241 BK: 18309 PG: 1381, 02/14/2014 at 09:38 AM, RECORDING 7 PAGES $61.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPR03
WHEREAS, a Building Restrictions Deed relative to Harbor Hills Subdivision was recorded in Official Records Book 204 at Page 415 of the Public Records of Pinellas County, Florida, and has subsequent to the date of the initial recording been amended by the documents recorded in Official Records Book 1526 at Page 749 and in Book 5728 at Page 1265 of the Public Records of Pinellas County, Florida, all of the foregoing documents being hereinafter collectively referred to as “Restrictions Deed”, and
WHEREAS, the land affected by this Notice is identified in the Restrictions Deed and is described as follows:
Lots 1 through 41 inclusive of Block A
Lots 1 through 30 inclusive of Block B
Lots 1 through 26 inclusive of Block C
Lots 1 through 32 inclusive of Block D
Lots 1 through 32 inclusive of Block E
Lots 1 through 17 inclusive of Block F
Lots 1 through 8 inclusive of Block J of HARBOR HILLS SUBDIVISION as recorded in Public Records of Pinellas County, Florida, Plat Book 46, Pages 58 & 59
WHEREAS, pursuant to the provisions of Section 712.05, Florida Statutes, Harbor Hills Property Owners Association, Inc. with a post office address of Post Office Box 1121, Largo, Florida 33779 (hereinafter “Association”), has the authority to and desires to preserve the Restrictions Deed from extinguishment by the operation of Florida law by filing for record this Notice in accordance with the provision of such Florida Statute; and
WHEREAS, the Association desires that this Notice shall have the effect of so preserving such Restrictions Deed from extinguishment by the operation of Florida law and all of the rights, duties and obligations contained therein for a period of thirty (30) years after the filing of this Notice unless again filed as required pursuant to applicable law; and
WHEREAS, the execution and recording of this Notice has been approved by at least two-thirds (2/3) of the members of the Board of Directors of the Association at a meeting for which a notice, stating the meeting's time and place and containing the statement of marketable title action described in Section 712.06(1)(b), Florida Statutes was mailed or hand delivered to members of the Association not less than seven (7) days prior to such meeting.
NOW THEREFORE, in accordance with the foregoing, this Notice of Preservation of Building Restriction Deed (hereinafter “Notice”), is made by the Association, as authorized pursuant to the provisions of Section 712.05, Florida Statutes as follows:
1. The Association, as hereinbefore defined, and by execution hereof, pursuant to the provisions of Section 712.05, Florida Statutes, does hereby preserve and protect from extinguishment by operation of the provision of Section 712.01, et. seq., Florida Statutes, all of the terms, provisions and conditions of the Restrictions Deed.
2. The preservation of the Restrictions Deed as contained in this Notice shall have the effect of preserving all of the terms, provisions and conditions of the Restrictions Deed from extinguishment by operation of the provisions of Section 712.01, et. seq., Florida Statutes for a period of thirty (30) years after the recording of this Notice, unless a subsequent notice is filed which further preserves the terms of the Restrictions Deed in accordance with applicable law.
3. If any term of this Notice is illegal or unenforceable at law or in equity, the validity, legality, and enforcability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this Notice shall then be fully enforceable.
4. This Notice is not intended to, and shall not be considered to, change, alter, modify, or amend the Restrictions Deed or any provision thereof. This action is not intended to burden any property which is not already burdened by the Restrictions Deed.
IN WITNESS THEREOF the Association has hereunto set its hand and seal this 13 day of February, 2014.
WITNESSES (AS TO ALL):
By: Jennifer Codding
KATHRYN J. ROESCH
HARBOR HILLS PROPERTY OWNERS ASSOCIATION, INC.
By: Richard Johnson, President
Attest: Diana Johnson, Secretary
Address of Association:
Post Office Box 1121
Largo, Florida 33779
SEE AFFIDAVIT CONSISTING OF TWO PAGES ATTACHED HERETO AS EXHIBIT A. (NOTARY ACKNOWLEDGEMENTS ON NEXT PAGE)
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 13th day of February, 2014, by Richard Johnson, President of Harbor Hills Property Owners Association, Inc., a Florida corporation on behalf of said corporation, who has produced FL DL as identification.
NOTARY PUBLIC
STATE OF FLORIDA
KATHRYN J. ROESCH
Commission # EE 113962
Expires August 18, 2015
Bonded Thru Troy Fain Insurance 800-385-7019
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 13th day of February, 2014, by Diana Johnson, Secretary of Harbor Hills Property Owners Association, Inc., a Florida corporation on behalf of said corporation, who has produced FL DL as identification.
NOTARY PUBLIC
STATE OF FLORIDA
KATHRYN J. ROESCH
Commission # EE 113962
Expires August 18, 2015
Bonded Thru Troy Fain Insurance 800-385-7019
EXHIBIT A
AFFIDAVIT
Before me, the undersigned Notary Public, personally appeared Richard Johnson (“Affiant”) who is the President and a member of the Board of Directors of Harbor Hills Property Owners Association, Inc., a Florida non-profit corporation (“Association”), who being duly sworn, deposes and says as follows:
1. Affiant is the President and a member of the Board of Directors of the Association and as such has personal knowledge of the affairs of the Association relative to the matters which are the subject of the Affidavit.
2. That the Board of Directors of the Association has caused a statement in substantially the following form to be mailed or hand delivered to the members of the Association, together with the Notice of Meeting dated January 25, 2014, a copy of which is attached hereto as EXHIBIT B.
STATEMENT OF MARKETABLE TITLE ACTION
Harbor Hills Property Owners Association, Inc., a Florida non-profit corporation (the “Association”) has taken action to ensure that the Building Restrictions Deed recorded in Official Records Book 204 at Page 415 of the Public Records of Pinellas County, Florida, as may be amended from time to time, currently burdening the property of each and every member of the Association, retains its status as the source of marketable title with regard to the transfer of 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 Pinellas 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.
3. That this Affidavit has been prepared and executed in connection with the requirements of §712.06(1)(b), Florida Statutes.
FURTHER AFFIANT SAYETH NAUGHT.
WITNESSES (AS TO ALL):
Jennifer Codding
KATHRYN J. ROESCH
Richard Johnson, President of Harbor Hills Property Owners Association, Inc.
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 13th day of February 2014, by Richard Johnson, President of Harbor Hills Property Owners Association, Inc., a Florida corporation on behalf of said corporation, who has produced FL DL as identification.
NOTARY PUBLIC
STATE OF FLORIDA
KATHRYN J. ROESCH
Commission # EE 113962
Expires August 18, 2015
Bonded Thru Troy Fain Insurance 800-385-7019
EXHIBIT B
NOTICE OF MEETING OF THE BOARD OF DIRECTORS FOR
HARBOR HILLS PROPERTY
OWNERS ASSOCIATION, INC.
TO: ALL UNIT OWNERS
NOTICE is hereby given that a meeting of the Board of Directors for Harbor Hills Property Owners Association, Inc. will be held at the date, time and place noted below.
DATE: February 6, 2014
HOUR: 6:30 P.M.
PLACE: City Hall of Belleair Bluffs, 2747 Sunset Boulevard, Belleair Bluffs, FL. 33770
PURPOSE: The Board of Directors will discuss and vote on filing a Notice of Preservation to preserve Harbor Hills Subdivision's Building Restrictions Deed, which is recorded at Official records Book 204 at Page 415, as amended by the documents recorded in Official Records Book 1526 at Page 749 and in Book 5728 at Page 1265, all of the Public Records of Pinellas County, Florida. The land affected by this Notice is identified in the Restrictions Deed and is described as follows:
Lots 1 through 41 inclusive of Block A
Lots 1 through 30 inclusive of Block B
Lots 1 through 26 inclusive of Block C
Lots 1 through 32 inclusive of Block D
Lots 1 through 32 inclusive of Block E
Lots 1 through 17 inclusive of Block F
Lots 1 through 8 inclusive of Block J of HARBOR HILLS SUBDIVISION as recorded in Public Records of Pinellas County, Florida, Plat Book 46, Pages 58 & 59
STATEMENT OF MARKETABLE TITLE ACTION
Harbor Hills Property Owners Association, Inc., a Florida non-profit corporation (the “Association”) has taken action to ensure that the Building Restrictions Deed recorded in Official Records Book 204 at Page 415 of the Public Records of Pinellas County, Florida, as may be amended from time to time, currently burdening the property of each and every member of the Association, retains its status as the source of marketable title with regard to the transfer of 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 Pinellas 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.
By: Diana Johnson
its Secretary
Dated: January 25, 2014
This instrument prepared by
and return to:
Jennifer Lynn Codding, Esquire
Jonathan James Damonte, Chartered
12110 Seminole Boulevard
Largo, Florida 33778
Feb. 28; Mar. 7, 2014 14-01834N

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