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FIRST INSERTION
NOTICE OF PRESERVATION OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR TRAILS OF COUNTRYSIDE
Instrument # 2014284868; OR Book 18555, Page 1040, 10/14/2014, Pinellas County, FL
THIS NOTICE OF PRESERVATION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made pursuant to Florida Statutes §712.05 and §712.06 this 11 day of October, 2014 by Trails of Countryside Homeowners Association, Inc., a Florida not-for-profit corporation (hereinafter referred to as “Association”).
WITNESSETH:
WHEREAS, the Trails of Countryside, a platted subdivision, appearing in Plat Book 90, Pages 49 and 50, Public Records of Pinellas County (hereinafter referred to as the “Subdivision”), is governed by the provisions of those certain Declaration of Covenants, Conditions and Restrictions for Trails of Countryside dated January 31, 1985 and recorded in Official Records Book 5929, Page 1173, of Pinellas County, Florida, as the same has been amended and supplemented from time to time (hereinafter referred to as the “Declaration”);
WHEREAS, the Association is a not-for-profit corporation which governs, supervises and administers the requirements of the Declaration of the Subdivision; and
WHEREAS the Association which wishes to preserve the Declaration of the Subdivision pursuant to Sections 712.05 and 712.06, Florida Statutes.
NOW THEREFORE, the Association does hereby state and declare as follows:
1. Recitals: The above recitals are true and correct and incorporated into and form a part of this Notice.
2. Name and Address: The name of the homeowners association desiring to preserve the covenants and restrictions described hereinabove and herein below is Trails at Countryside Homeowners Association, Inc. and its mailing address is Trails at Countryside Homeowners Association, Inc. c/o Nick Sapankevych, President; P.O. Box 1041, Dunedin, FL 34697.
3. Legal Description: See attached “Exhibit A” for the land affected by this Notice and identified in the Declaration, which lands are also known as: Lots 1 - 77, Trails of Countryside, according to the plat thereof as recorded in Plat Book 90, Page(s) 49 & 50, of the Public Records of Pinellas County, Florida.
4. Preservation: The Association declares and provides notice the Declaration of Restrictive and Protective Covenants as recorded in O.R. Book 5292, Page 1173 of the Public Records of Pinellas County, Florida, as amended in O.R. Book 9254, Page 2081, Public records, and as amended from time to time, pursuant to the provisions of F.S. §712.05 and §712.06, are preserved for a period of no longer than thirty (30) years following the recordation of this Notice amount the public records of Pinellas county, Florida.
5. Affidavit: An affidavit executed by an appropriate members of the Board of Directors of the Association affirming that the Board of Directors of the Association caused a Statement of Marketable Title Action as is required by F.S. 712.06(1)(b) to be mailed or hand delivered to the members of the Association is attached hereto as “Exhibit B.”
6. Notice: A copy of the Notice of Board of Directions Vote on Proposed Preservation of the Declaration of Covenants, Conditions and Restrictions for Trails of Countryside which was mailed to all members of the Association is attached hereto as “Exhibit C.”
IN WITNESS WHEREOF, the Association has executed this Notice pursuant to F.S. §712.05 and §712.06 on the day and year first above written.
TRAILS OF COUNTRYSIDE
HOMEOWNERS
ASSOCIATION, INC.
Nick Sapankevych, as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me on this 11 day of October, 2014, by Nick Sapankevych, as President of Trails of Countryside Homeowners Association, Inc., who produced FDL#S152629683330 as identification.
Denise N. Murphy
Notary Public
DENISE N. MURPHY
NOTARY PUBLIC
STATE OF FLORIDA
MY COMMISSION # FF 130116
EXPIRES: October 5, 2018
Bonded Thru Budget Notary Services
“EXHIBIT A”
DESCRIPTION:
BEGIN AT THE SOUTHEAST CORNER OF THE N.E. 1/4 OF THE S.E. 1/4 OF SECTION 18, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE S89051'16”W., ALONG THE SOUTH BOUNDARY OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 18, BEING ALSO THE NORTH BOUNDARY OF BLOCK “J”, CURLEW CITY, AS RECORDED IN PLAT BOOK 51, PAGE 19 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND ITS EASTERLY AND WESTERLY PROJECTION, 1380.74 FEET, TO THE SOUTHWEST CORNER OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 18; THENCE N01007'13W., ALONG THE WEST BOUNDARY OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 18, 845.61 FEET: THENCE N84042'28E., 942.02 FEET: THENCE N89051'16”E., 452.36 FEET; THENCE S00025'30”E., ALONG THE EAST BOUNDARY OF THE N.E. 1/4 OF THE S.E. 1/4 OF SAID SECTION 10, 930.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 28.687 ACRES, MORE OR LESS.
“EXHIBIT B”
AFFIDAVIT AS TO THE
PRESERVATION OF
DECLARATION OF COVENANTS,
CONDITIONS AND
RESTRICTIONS
Before me, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared Nick Sapankevych (“Affiant”), who, after being by me first duly sworn, deposes and says that:
1. Trails at Countryside Homeowners Association, Inc. is a Florida not-for-profit corporation in good standing with the State of Florida.
2. Affidan is on the Board of Directors of Trails at Countryside Homeowners Association, Inc. and holds the position of President.
3. A meeting was called at 7:05 p.m. on October 1, 2014 at 3446 Aspen Trail, Clearwater, Florida to discuss preserving the Declaration of Covenants, Conditions and Restrictions, and the First Amendment to Declaration of Covenants, Conditions and Restrictions pursuant to Florida Statutes §712.05 and §712.06.
4. The Board of Directors, by and through its then Secretary Susan Sapankevych, caused the notice of the above-referenced meeting to be mailed to all members of the Association not less than 7 days prior to the meeting.
5. A copy of the notice of the meeting containing the time and place of the meeting along with the Statement of Marketable Title Action is attached hereto as “Exhibit B.”
6. A quorum of members of the Board of Directors was present at the meeting.
7. At said meeting, at least two-thirds (2/3) of the members of the Board of Directors approved the preservation of the Declaration of Covenants, Conditions and Restrictions, and the First Amendment to Declaration of Covenants, Conditions and Restrictions.
FURTHER AFFIANT SAYETH NOT.
TRAILS OF COUNTRYSIDE
HOMEOWNERS
ASSOCIATION, INC.
Nick Sapankevych, as its President
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me on this 11 day of October, 2014, by Nick Sapankevych, as President of Trails of Countryside Homeowners Association, Inc., who produced S152629683330 as identification.
Denise N. Murphy
Notary Public
DENISE N. MURPHY
NOTARY PUBLIC
STATE OF FLORIDA
MY COMMISSION # FF 130116
EXPIRES: October 5, 2018
Bonded Thru Budget Notary Services
“EXHIBIT C”
NOTICE OF BOARD OF
DIRECTORS VOTE ON
PROPOSED PRESERVATION OF
THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAILS
OF COUNTRYSIDE
Notice is hereby given to all Members of the Trails of Countryside Homeowners' Association, Inc. (the “Association”) that at a special meeting of the Members which is to take place at 7:00 p.m. on October 1st, 2014 at 3446 Sweetwater Trail, the Board of Directors of the Association intends to vote on a proposal to preserve the Declaration of Covenants, Conditions and Restrictions for Trails of Countryside recorded February 7, 1985 and recorded in Official Records Book 5929, Page 1173 of the Public Records of Pinellas County, Florida (collectively, the “Declaration”).
Copies of the Declaration and other governing documents of the Association can be found on the “Members” page of the Association's website, www.tochoa.org. If action is not completed before February 7, 2015 to preserve the covenants and restrictions contained in the Declaration, then the Declaration will be extinguished at that time in accordance with Florida's Marketable Record Titles to Real Property Act, Chapter 712, Florida Statutes.
If at least 2/3rds of the Board of Directors votes at the meeting to preserve the Declaration, then the Declaration will be renewed as a matter of law for a period of thirty (30) years.
The following Statement is hereby given to all Members as required by the provisions of Sections 712.05 and 712.06, Florida Statutes:
STATEMENT OF MARKETABLE TITLE ACTION
The Trails of Countryside Homeowners Association, Inc. (the “Association'') has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Trails of Countryside recorded February 7, 1985 and recorded in Official Records Book 5929, Page 117, 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 a Member's residence. To this end, if the proposal to preserve the Declaration is approved, 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.
Prepared by and return to:
Denise N. Murphy, Esquire
Denis N. Murphy, P.A.
531 Main Street, Suite F
Safety Harbor, Florida 34695
File No. 14-1087
October 17, 24, 2014 14-10046N