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FIRST INSERTION
INSTR 4969169 OR 5027 PG 879 RECORDED 4/16/2014 10:51 AM PAGES 7
DWIGHT E. BROCK,
CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $61.00
NOTICE OF PRESERVATION
OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
The undersigned, being the duly elected President of HIDEAWAY BEACH ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as the “Association”), does hereby file this Notice of Preservation of Covenants on behalf of said entity and in support thereof states as follows:
1. The Association's mailing address is 250 South Beach Drive, Marco Island, Florida 34145. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Hideaway Beach Association, Inc. on June 8, 1979, and the Association was organized for the purpose of operating and administering the community known as Hideaway Beach, pursuant to the Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 963, Pages 1735 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Restated Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 3031, Pages 1374 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”).
2. The Association has mailed a Statement of Marketable Title Action as required by Section 712.06(1)(a), Florida Statutes to members of the Association set forth in Exhibit 1. Attached hereto and made a part hereof as Exhibit “A” is an Affidavit executed by John Barto, Jr., President of the Association, affirming that the Board of Directors caused the Statement of Marketable Title Action to be mailed to the members of the Association set forth in Exhibit 1. Further, attached hereto and made a part hereof as Exhibit “B” is the original Statement of Marketable Title Action that was mailed to the members of the Association set forth in Exhibit 1.
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, by at least two-thirds of the members of the Board of Directors of the Association at its meeting held on April 2, 2014, pursuant to Section 712.05(1)(c), Florida Statutes.
4. The real property affected by this Notice is legally described in Exhibit “C” 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.
EXHIBIT “A”
AFFIDAVIT PURSUANT TO SECTION 712.06(1)(B),
FLORIDA STATUTES
BEFORE ME, the undersigned authority, on the day and year set forth below, personally appeared John Barto, Jr., who, being duly sworn, deposes and states:
1. My name is John Barto, Jr. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. Affiant states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given.
2. I am the President of Hideaway Beach Association, Inc., a Florida not-for-profit corporation (“Association”).
3. This Affidavit is made pursuant to the requirements of Section 712.06(1)(b), Florida Statutes and relates to the preservation by the Association of the Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 963, Pages 1735 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Restated Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 3031, Pages 1374 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”).
4. The Board of Directors of the Association caused the Statement of Marketable Title Action attached to the foregoing Notice of Preservation of Covenants as Exhibit “B” to be mailed to the members of the Association affected by the Declaration in accordance with Section 712.05(1), Florida Statutes (the owners of the real property described in Exhibit “C” to the foregoing Notice of Preservation of Covenants) not less than seven (7) days prior to the meeting of the Board of Directors held on April 2, 2014, at which time at least two-thirds of the members of the Board of Directors approved the preservation of the Declaration and adopted the Statement of Marketable Title Action.
IN WITNESS WHEREOF, the undersigned has executed this instrument on the day and year set forth below.
Witnesses: Witness Name: Mary E. Fehr
Witness Name: Ginny Richards
HIDEAWAY BEACH ASSOCIATION, INC.
(SEAL) By: John Barto, Jr.
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 6 day of April, 2014, by John Barto, Jr., as President of Hideaway Beach Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is personally known to me.
(SEAL)
NOTARY PUBLIC
STATE OF FLORIDA
MARY E. FEHR
MY COMMISSION # FF 001209
EXPIRES: April 22, 2017
Bonded Thru Budget Notary Services
EXHIBIT “B”
STATEMENT OF
MARKETABLE TITLE
ACTION
HIDEAWAY BEACH ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 963, Pages 1735 et. seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Restated Declaration of Covenants, Conditions and Restrictions for Hideaway Beach recorded in O.R. Book 3031, Pages 1374 et. seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”), currently burdening the property of the members of the Association as set forth on Exhibit “A” 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.
EXHIBIT “C”
ROYAL MARCO POINT I, a Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 1509, Page 1614, and all exhibits and amendments thereof, Public Records of Collier County, Florida, including but not limited to all Units and Common Elements therein.
ROYAL MARCO POINT II, a Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 2035, Page 284, and all exhibits and amendments thereof, Public Records of Collier County, Florida, including but not limited to all Units and Common Elements therein.
ROYAL MARCO POINT III, a Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 1649, Page 885, and all exhibits and amendments thereof, Public Records of Collier County, Florida, including but not limited to all Units and Common Elements therein.
THE HABITAT, a Condominium, according to the Declaration of Condominium thereof recorded at Official Records Book 1351, Page 1107, and all exhibits and amendments thereof, Public Records of Collier County, Florida, including but not limited to all Units and Common Elements therein.
All those portions and parts of HIDEAWAY BEACH ENTRANCE, as recorded in Plat Book 13, Pages 36 through 38 of the Public Records of Collier County, Florida.
All those portions and parts of HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida, LESS AND EXCEPT:
Lot 1, Block 1 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 5, Block 1 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 14, Block 1 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 4, Block 2 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lots 5, 6, and 7, Block 2 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 8, Block 2 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 9, Block 2 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 10, Block 2 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 4, Block 9 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 8, Block 10 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 2, Block 11 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 3, Block 11 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 14, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 16, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 17, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 18, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 20, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 21, Block 12 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 14, Block 13 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 27, Block 13 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 4, Block 15 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 9, Block 15 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 11, Block 17 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 15, Block 17 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 9, Block 20 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 20, Block 20 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 21, Block 20 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 23, Block 20 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 3, Block 21 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 4, Block 21 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 7, Block 21 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 12, Block 21 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Lot 16, Block 21 HIDEAWAY BEACH, according to the Plat thereof recorded in Plat Book 12, Page 80 through 85, in the Official Records of Collier County, Florida.
Note: This Exhibit “C” is also Exhibit “A” to the Statement of Marketable Title Action attached to the foregoing Notice of Preservation of Covenants as Exhibit “B”.
Prepared by:
Ashley D. Lupo, Esquire
Roetzel & Andress, LPA
850 Park Shore Drive, Third Floor
Naples, FL 34103-3587
Phone No. (239) 649-6200
8150368_1
May 2, 9, 2014 14-01200C