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FIRST INSERTION
NOTICE OF PRESERVATION OF DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR BROOKHAVEN HOMEOWNERS ASSOCIATION, INC.
KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2015028331 01/30/2015 at 02:53 PM OFF REC BK: 18663 PG: 849-863 DocType:NOTICE RECORDING: $44.00
THIS NOTICE is being recorded pursuant to Sections 712.05 and 712.06, Florida Statutes, in order to preserve the easements, restrictions, covenants, conditions and all other provisions of the following documents:
1. The Declaration of Covenants, Conditions and Restrictions for Brookhaven recorded at Official Records Book 5926, at Page 1414, on February 4, 1985, and all subsequent Amendments thereto.
All of the Public Records of Pinellas County, Florida (hereinafter collectively referred to as the “Declaration”).
THE PROPERTY affected by this Notice is described as:
Four parcels of land lying in the Southwest quarter of Section 26 and the Northwest quarter of Section 35, Township 27 South, Range 16 East, Pinellas County, Florida, and more particularly described in the Declaration of Covenants, Conditions, and Restrictions of Brookhaven at Pages 1 through 4.
The name and address of the homeowners association filing this Notice on behalf of the Members of Brookhaven Homeowners Association, Inc. is Jim Nobles Management, 251 Windward Passage, Suite F, Clearwater, FL 33767.
Attached hereto as “Exhibit A” is an Affidavit executed by the President of the Association affirming that the meeting's date, time, place and the Statement of Marketable Title was mailed to the Members at least seven (7) days prior to the Special Board of Directors Meeting, where the Board of Directors approved the preservation of the Declaration.
By their signatures below, the President and Secretary of the Association hereby certify that preservation of the Declaration was duly approved by at least two-thirds (2/3) of the members of the Board of Directors at a Special Board of Directors Meeting held on November 18, 2014.
EXECUTED at Palm Harbor Pinellas County, Florida, on this 27th day of January, 2015
WITNESSES:
ANGIE G. MASON
Kasi J. Staffon
ANGIE G. MASON
Kasi J. Staffon
BROOKHAVEN HOMEOWNERS ASSOCIATION, INC
By ANN P. MORAN
President
Attest: Janet C. McCleavy
Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FORGOING INSTRUMENT was acknowledged before me this 27th day of January, 2015, by Ann P. Moran, as President of Brookhaven Homeowners Association, Inc., a Florida not-for-profit corporation, who is personally known to me or who as produced FLDL as identification. she acknowledges executing this document in the presence of two witnesses, freely and voluntarily, under authority duly vested in them by said corporation.
WITNESS my hand and official seal in the County and State last aforesaid on this 27th day of January, 2015.
KASI J. STAFFON
Notary Public - State of Florida
My Comm. Expires Oct. 30, 2017
Commission # FF 044458
Bonded Through National Notary Assn.
STATE OF FLORIDA
COUNTY OF PINELLAS
THE FOREGOING INSTRUMENT was acknowledged before me this 27th day of January, 2015, by Janet C. McCleary, as Secretary of Brookhaven Homeowners Association, Inc., a Florida not-for-profit corporation, who is personally known to me or has produced FLDL as identification she acknowledges executing this document in the presence of two witnesses, freely and voluntarily, under authority duly vested in them by said corporation.
WITNESS my hand and official seal in the County and State last aforesaid on this 27th day of January, 2015
KASI J. STAFFON
Notary Public - State of Florida
My Comm. Expires Oct. 30, 2017
Commission # FF 044458
Bonded Through National Notary Assn.
“EXHIBIT A”
AFFIDAVIT OF ANN P. MORAN
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared ANN P. MORAN, who, after being duly sworn, deposes and says:
1. I am the President of Brookhaven Homeowners Association, Inc. (the “Association”) and I have personal knowledge of the matters contained herein and know them to be true and correct.
2. A Special Board of Directors Meeting was scheduled for November 18, 2014 at 7:00 p.m. That the Board of Directors of the Association caused a notice setting forth the date, time, place, and the Statement of Marketable Title Action, which is set forth below, to be mailed to the Members of the Association not less than seven (7) days prior to the Special Board of Directors Meeting, at which the Board of Directors voted to preserve the Declaration of Covenants, Conditions and Restrictions for Brookhaven, recorded at Official Records Book 5926, Pages 1414 through 1435, on February 4, 1985, and all subsequent Amendments to the Declaration of Covenants, Conditions and Restrictions for Brookhaven, all of the Public Records of Pinellas County, Florida (hereinafter collectively the “Declaration”) burdening the property of the Members of the Association pursuant to Chapter 712 Florida Statutes.
STATEMENT OF MARKETABLE TITLE ACTION
Brookhaven Homeowners Association, Inc. (the “Association”) has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Brookhaven recorded at Official Records Book 5926, Pages 1414 through 1435, on February 4, 1985, and all subsequent Amendments to the Declaration of Covenants, Conditions and Restrictions for Brookhaven (hereinafter collectively the “Declaration”) 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, 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.
FURTHER AFFIANT SAYETH NAUGHT.
Ann P. Moran
Affiant
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was sworn and subscribed before me this 27th day of January, 2015, by Ann P. Moran, AS PRESIDENT OF BROOKHAVEN HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, on behalf of the corporation she is personally known to me or has produced FLDL as identification.
KASI J. STAFFON
Notary Public - State of Florida
My Comm. Expires Oct. 30, 2017
Commission # FF 044458
Bonded Through National Notary Assn.
ELIZABETH R. MANNION
Strohauer & Mannion, P.A.
1150 Cleveland Street, Suite 300
Clearwater, FL 33755
(727) 461-6100
February 6, 13, 2015 15-01345N