14-01371L

FIRST INSERTION
INST # 2014000031821,Pages 6
Doc Type Not, Recorded 02/17/2014 at 10:56AM
Linda Doggett, Lee County Clerk of Circuit Court
Fee $52.50
NOTICE OF PRESERVATION OF COVENANTS UNDER MARKETABLE RECORD TITLE ACT (FOREST MERE)
The undersigned, being the duly elected President of Forest Mere Property Owners Association, 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 Forest Mere Property Owners Association, Inc., a Florida not-for-profit corporation (the “Association”),whose mailing address is23190Fashion Drive, Ste. P209 Estero, FL 33928. The Articles of Incorporation of the Association were originally filed with the office of the Secretary of State under the name Forest Mere Property Owners Association, Inc. on March 27, 1984, and the Association was organized for the purpose of operating and administering the community known as Forest Mere, pursuant to the recorded covenants and restrictions pertaining thereto entitled Declaration and General Protective Covenants for Forest Mere, originally recorded in Official Records Book 1716,Page 3219 et seq., of the Public Records of Lee 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(1)(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 Forest Mere, originally recorded in Official Records Book 1716Page 3219 et seq., of the Public Records of Lee 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 at the Regular Meeting of the Board of Directors held on January 28th, 2014, 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 and General Protective Covenants for Forest Mere originally recorded in Official Records Book 1716, Page 3219 et seq., of the Public Records of Lee County, Florida, as amended and/or restated from time to time.
Dated this 5th date of February, 2014.
FOREST MERE PROPERTY OWNERS ASSOCIATION, INC.
A Florida not-for-profit corporation
By: James Schmidt, President
Two Witnesses
Notary Block
State of Florida
County of Lee
Exhibit “A”
Legal Description of Real Property
The real property subject to the Declaration and General Protective Covenants for Forest Mere, recorded as Exhibits “A” to the Declaration originally recorded in Official Records Book 1716Page3219 et seq, of the Public Records of Lee County, Florida, and also attached to this Exhibit “A''.

LEGAL DESCRIPTON OF FOREST MERE SUBDIVISION

The North ½ of the Southeast ¼ of Section 25, Township 47 South, Range 25 East, less Interstate right-right-of-way, Lee County, Florida. Containing 74.78 acres more or less.
LESS and excepting the following described parcel:
FOREST MERE
LEGAL DESCRIPTION OF SEWAGE TREATMENT PLANT SITE
That portion of land lying in the North ½ of the Southeast ¼ of Section 25, Township 47 South, Range 25 East, Lee County, Florida, more particularly described as follows: Commencing at the East ¼ corner of Section 25, Township 47 South, Range 25 East, thence run S 89Ëš 14' 12” W a distance of 2381.82 feet to the Point of Beginning; then run S 0Ëš 45' 48” E a distance of 114.85 feet to a point on a curve with it's center point on a bearing of S 28Ëš 25' 16” W having a radius of 130.00 feet, then run southwesterly along the arc of said curve 109.08 feet to a point of tangency, thence run S 13Ëš 30' 11” W a distance of 215.79 feet, thence run S 88Ëš 54' 12” a distance of 141.72 feet, thence run N 1Ëš 05' 48” W a distance of 405.99 feet; thence run N 89Ëš 3' 12” a distance of 262.21 feet to the Point of Beginning. Containing 1.91 acres more or less.

Exhibit “B”

AFFIDAVIT OF MAILING TO MEMBERS OF
FOREST MERE PROPERTY OWNERS
ASSOCIATION, INC.
THE STATEMENT OF MARKETABLE TITLE ACTION
BEFORE ME, the undersigned authority, on this 5TH Day February, 2014, personally appeared James Schmidt, who being duly sworn, deposes and states”

1. My name is James Schmidt 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 Forest Mere Property Owners Association, Inc., a Florida not-for-profit corporation (the “Association”).

3. This Affidavit is made pursuant 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 Forest Mere, originally recorded in Official Records Book 1716, Page 3219 et seq., of the Public Records of Lee 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 (day), 2014 pursuant to Section 712.05(1)(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 NAUGHT
By: James Schmidt, President
Two Witnesses
Notary Block
STATE OF FLORIDA
COUNTY OF COLLIER

Exhibit “C”
STATEMENT OF MARKETABLE TITLE ACTION

Forest Mere Property Owners Association, Inc., (the “Association”}has taken action to ensure that the Declaration and General Protective Covenants for Forest Mere, originally recorded in Official Records Book 1716 Page 3219 et seq., of the Public Records of Lee 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 Lee 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.
March 21, 28, 2014 14-01371L

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