14-02601C

NOTICE OF PRESERVATION OF COVENANTS PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by: Ashley D. Lupo, Esquire
Roetzel & Andress, LPA
850 Park Shore Drive, Third Floor Naples, FL34103-3587
Phone No. (239) 649-6200
INSTR 5018763 OR 5067 PG 1058
RECORDED 8/13/2014 1:05 PM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA
REC $69.50
INSTR 5034550 OR 5080 PG 1291 RECORDED 9/29/2014 3:58 PM PAGES 8 RE-RECORD DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $69.50
The undersigned, being the duly elected President of PELICAN RIDGE OF NAPLES 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 2335 Tamiami Trail North, Suite 505, Naples, Florida 34103. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Pelican Ridge of Naples Association, Inc. on October 3, 1984, and the Association was organized for the purpose of operating and administering the community known as Pelican Ridge of Naples, pursuant to the Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1113, Page 440, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1287, Page 268, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 3015, Page 1833, 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 all members of the Association. Attached hereto and made a part hereof as Exhibit “A” is an Affidavit executed by Donald Fabiano, President 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 and made a part hereof as Exhibit “B” 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, by at least two-thirds of the members of the Board of Directors of the Association at its meeting held on August 6, 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.

IN WITNESS WHEREOF, the undersigned has executed this instrument on the day and year set forth below.
PELICAN RIDGE OF NAPLES
ASSOCIATION, INC.
(SEAL)
By: /s/ Donald Fabiano
Donald Fabiano
Its: President
Witnesses:
/s/ Therese A Wagner
Witness Name: Therese A Wagner
/s/ Lorrene Polaski
Witness Name: Lorrene Polaski

STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 30th day of July, 2014, by Donald Fabiano, as President of Pelican Ridge of Naples Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is personally known to me or produced __ as identification.
(SEAL)
/s/ Therese A. Wagner
NOTARY PUBLIC
Name: Therese A. Wagner
My commission expires: 2-25-2016

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 Donald Fabiano, who, being duly sworn, deposes and states:

I. My name is Donald Fabiano. 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 Pelican Ridge of Naples Association, Inc., a Florida not-for-profit corporation (“Association”).

3. This Affidavit is made pursuant to the requirements of Section 712.06(l )(b), Florida Statutes and relates to the preservation by the Association of the Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1113, Page 440, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1287, Page 268, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 3015, Page 1833, 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 foregoi ng Notice of Preservation of Covenants as Exhibit “B” to be mailed to all 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 Covenant) not less than seven (7) days prior to the meeting of t he Board of Directors held on August 6, 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.
FURTHER AFFIANT SAYETH NAUGHT.
PELICAN RIDGE OF NAPLES
ASSOCIATION, INC.
(SEAL)
By: /s/ Donald Fabiano
Donald Fabiano
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 30th day of July, 2014, by Donald Fabiano, as President of Pelican Ridge of Naples Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is personally known to me or produced __ as identification.
(SEAL)
/s/ Therese A. Wagner
NOTARY PUBLIC
Name: Therese A. Wagner
My commission expires: 2-25-2016

EXHIBIT “B”

STATEMENT OF MARKETABLE TITLE ACTION

PELICAN RIDGE OF NAPLES ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1113, Page 440, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 1287, Page 268, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Pelican Ridge of Naples recorded at Official Records Book 3015, Page 1833, et seq., Public Records of Collier County, Florida, as amended and/or restated from time to time (“Declaration”), 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 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”

Phase One of Pelican Ridge:

Commencing at the northeast corner of Lot 2, Tract B, Pine Ridge Second Extension Replat as recorded in Plat Book 12, pages 57 and 58 of the Public Records of Collier County, Florida; thence South 0° 59' 24” East along the east boundary of said Lot 2 299.80 feet;
thence South 89° 00' 36” West 180.67 feet to the Point of Beginning of the parcel herein being described;
thence South 89° 00' 36” West 8.89 feet;
thence North 0° 59' 24” West 13.70 feet;
thence South 89° 00' 36” West 104.50 feet;
thence South 0° 59' 24'' East 44.50 feet;
thence South 89° 00' 36” West 276.00 feet;
thence South 0° 59' 24” East 139.37 feet;
thence South 89° 00' 36” West 5.00 feet;
thence South 0° 59' 24” East 434.55 feet;
thence North 79° 37' 01” East 137.18 feet;
thence North 89° 00' 36” East 35.33 feet;
thence North 0° 59' 24” West 17.52 feet;
thence North 89° 00' 36” East 35.67 feet;
thence North 0° 59' 24” West 64.00 feet;
thence North 89° 00' 36” East 8.33 feet;
thence North 0° 59' 24” West 13.34 feet;
thence North 89° 00' 36” East 8.67 feet;
thence North 34° 00' 07” East 12.21 feet;
thence North 0° 59' 24” West 70.34 feet;
thence South 89° 00' 36” West 26.67 feet;
thence South 0° 59' 24” East 9.00 feet;
thence South 89° 00' 36” West 26.00 feet;
thence North 0° 59' 24” West 91.34 feet;
thence South 89° 00' 36” West l 0.00 feet;
thence North 0° 59' 24” West 51.33 feet;
thence North 89° 00' 36” East 54.00 feet;
thence South 86° 49' 13” East 50.47 feet;
thence North 89° 00' 36” East 71.00 feet;
thence South 0° 59' 24” East 30 .00 feet;
thence North 89° 00' 36” East 73.38 feet;
thence North 0° 59' 24” West 181.79 feet;
thence North 89° 00' 36” East 7.00 feet;
thence North 0° 59' 24” West 51.34 feet;
thence South 89° 00' 36” West 29.00 feet;
thence North 0° 59' 24” West 74.00 feet to the Point of Beginning of the parcel herein described; being a part of Lot 2, Tract B, Pine Ridge Second Extension Replat.
Phase Two of Pelican Ridge:

Commencing at the northeast corner of Lot 2, Tract B, Pine Ridge Second. Extension Replat as recorded in Plat Book 12, pages 57 and 58 of the Public Records of Collier County, Florida; thence South 0° 59' 24” East along the east boundary of said Lot 2, 299.80 feet to the Point of Beginning of the parcel herein being described;
thence South 89° 00' 36” West 180.67 feet;
thence South 0° 59' 24” East 74.00 feet;
thence North 89° 00' 36” East 29.00 feet;
thence South 0° 59' 24” East 51.34 feet;
thence South 89° 00' 36” West 7.00 feet;
thence South 0° 59' 24” East 181.79 feet;
thence South 89° 00' 36” West 73.38 feet;
thence North 0° 59' 24” West 30.00 feet;
thence South 89° 00' 36” West 71.00 feet;
thence North 86° 49' 13” West 50.47 feet;
thence South 89° 00' 36” West 54.00 feet;
thence South 0° 59' 24” East 51.33 feet;
thence North 89° 00' 36” East 10.00 feet;
thence South 0° 59' 24” East 91.34 feet;
thence North 89° 00' 36” East 26.00 feet;
thence North 0° 59' 24” West 9.00 feet;
thence North 89° 00' 36” East 26.67 feet;
thence South 0° 59' 24” East 70.34 feet;
thence South 34° 00' 07'' West 12.21 feet;
thence South 89° 00' 36” West 8.67 feet;
thence South 0° 59' 24” East 13.34 feet;
thence South 89° 00' 36” West 8.33 feet;
thence South 0° 59' 24” East 64.00 feet;
thence South 89° 00' 36” West 35.67 feet;
thence South 0° 59' 24” East 17.52 feet;
thence South 87° 07' 15” East 33.36 feet;
thence South 51° 21' 14” East 27.72 feet;
thence South 6° 13' 03” West 10.82 feet;
thence North 59° 58' 37” East 105.68 feet;
thence North 89° 00' 36” East 258.72 feet;
thence North 0° 59' 24” West 561.71 feet to the Point of Beginning of the parcel herein described;
being a part of Lot 2, Tract B, Pine Ridge Second Extension Replat.

AFFIDAVIT OF MAILING AND POSTING PELICAN RIDGE OF NAPLES ASSOCIATION, INC.
The undersigned, whose name appears at the bottom of this Affidavit, does hereby swear that the Notice of Board Meeting and Statement of Marketable Title Action were mailed to all members of Pelican Ridge of Naples Association, Inc. not less than seven (7) days in advance of the Board Meeting held on August 6, 2014 at 5:30 PM. The Notice of Board Meeting and Statement of Marketable Title Action were posted for seven (7) continuous days in advance of the Board Meeting.

Acknowledged this 30 day of July, 2014.
PELICAN RIDGE OF NAPLES
ASSOCIATION, INC.
(SEAL)
By: /s/ Therese Wagner
Its: Manager
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 30th day of July, 2014, by Therese Wagner, as Manager of Pelican Rid of Naples Association, Inc., who is personally known to me or produced __ as identification.
(SEAL)
/s/ Lorrene Polaski
NOTARY PUBLIC
Name: Lorrene Polaski
Seiral Number: EE840662
My commission expires: 10/07/16
October 3, 10, 2014 14-02601C

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