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FIRST INSERTION
This instrument was prepared without an opinion of title and after recording return to:
Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
(239) 435-3535
INSTR 5139568 OR 5166 PG 3264 RECORDED 6/23/2015 3:36 PM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA REC $44.00
NOTICE OF PRESERVATION OF COVENANTS UNDER
MARKETABLE RECORD TITLE ACT
(ST. TROPEZ)
The undersigned, being the duly elected President of Pelican Bay Foundation, 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 Pelican Bay Foundation, Inc., a Florida not-for-profit corporation (the “Association”), whose mailing address is 6251 Pelican Bay Blvd., Naples, Florida 34108. The Articles of Incorporation of the Association were originally filed with the office of the Secretary of State under the name Pelican Bay of Naples Foundation, Inc. on May 11, 1979, and the Association was organized for the purpose of operating and administering the community known as Pelican Bay and various neighborhoods within Pelican Bay including, without limitation, pursuant to the recorded covenants and restrictions pertaining thereto entitled Declaration of Restrictions and Protective Covenants for a Portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1208, Page 2077 et seq., of the Public Records of Collier 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(l)(b), Florida Statutes to all members of the Association. Attached hereto as Exhibit “B” is an Affidavit executed by C. David Cook, Chairman 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 of Restrictions and Protective Covenants for a Portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1208, Page 2077 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time, by at least two-thirds of the members of the Board of Directors of the Association at the Regular Meeting of the Board of Directors held on May 29, 2015 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 of Restrictions and Protective Covenants for Portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1208, Page 2077 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 29th date of May, 2015.
PELICAN BAY FOUNDATION, INC.,
a Florida not-for-profit corporation
By: James Hoppensteadt, President
Witnesses:
/s/Arlene Harper
Print Name: Arlene Harper
/s/ Brent Edwards
Print Name: Brent Edwards
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 29th day of May, 2015 by James Hoppensteadt, as President of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who is personally known to me.
(SEAL) /s/ Suzanne Minadeo
Notary Public
Name: Suzanne Minadeo
My Commission Expires: 7/2/15
Exhibit “A”
Legal Description of Real Property
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
PROFESSIONAL ENGINEERS, PLANNERS AND LAND
SURVEYORS
Description of Part of Parcel “D” Pelican Bay Unit One (Plat Book 12, pages 47-52), Collier County, Florida
Ordered by Mr. Dave Caldwell
(Parcel between “The Heron” and “Serendipity”
All that part of Parcel “D” of Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47 through 52 (inclusive), Collier County Public Records, Collier County, Florida, and being more particularly described as follows;
Commencing at the southwest corner of the southeast one-quarter of Section 9, Township 49 South, Range 25 East, Collier County, Florida;
thence along the south line of said southeast one-quarter North 89Ëš-30'-11” East 40.00 feet to an intersection with the centerline of Crayton Road as shown on said plat of Pelican Bay Unit One; thence along the centerline of said Crayton Road North 00Ëš-30'-31” West 190.20 feet; thence continue along said centerline, northwesterly 444.21 feet along the arc of a circular curve concave to the west, having a radius of 1200.00 feet and being subtended by a chord which bears North 11Ëš-06'-48” West 441.68 feet; thence continue along said centerline, North 21Ëš-43'-05” West 255.77 feet; thence leaving said centerline, South 68Ëš-16'-55” West 50.00 feet; thence along the southerly line of those lands as described in O.R. 1055, pages 1787-1793, Collier County Public Records, Collier County, Florida, South 74Ëš-28'-39” West 555.50 feet to the southwest corner of said described land and the POINT OF BEGINNING of the parcel herein described;
thence continue along the northerly line of those lands as described in O.R. 1121, page 1983, Collier County Public Records, Collier County, Florida, South 74Ëš-28'39” West 301.10 feet; thence North 15Ëš-31'-21” West 127.73 feet; thence North 39Ëš-22'14” West 306.75 feet to the southerly line of those lands as described in O.R. Book 897, page 1793, Collier County Public Records, Collier County, Florida; thence along the southerly and easterly lines of said described lands the following four (4) described courses;
1) North 89Ëš-30'-11” East 186.82 feet;
2) North 44Ëš-30'-11” East 124.45 feet;
3) North 89Ëš-30'-11” East 66.58 feet;
4) North 0Ëš-29'-49” West 244.50 feet;
thence North 89Ëš-30'-11” East 107.66 feet to the northwest corner of those lands as described in O.R. 1055, pages 1787 through 1793, Collier County Public Records, Collier County, Florida; thence along the westerly line of said described lands the following two (2) described courses;
1) South 0Ëš-29'-49” East 365.61 feet;
2) South 15Ëš-31'-21” East 259.89 feet to the Point of Beginning of the parcel herein described;
subject to easements and restrictions of record; containing 3.71 acres of land more or less.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Reg. Engineers and Land Surveyors
By: Wilbur M. Christiansen, Jr., P.L.S. #2765
DATE 4/4/86
Not valid unless embossed with the Professional's seal. W.O. 25490 Ref:
March 31, 1986
EXHIBIT “A”
Exhibit “B”
AFFIDAVIT OF MAILING TO
MEMBERS OF PELICAN BAY FOUNDATION, INC. THE
STATEMENT OF MARKETABLE TITLE ACTION
BEFORE ME, the undersigned authority, on this 29th day of May, 2015, personally appeared
C. David Cook, who being duly sworn, deposes and states:
1. My name is C. David Cook, 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 Chairman and a member of the Board of Directors of Pelican Bay Foundation, 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 of Restrictions and Protective Covenants of a_Portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1208, Page 2077 et seq., of the Public Records of Collier 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 “B” 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 May 29, 2015 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.
C. David Cook, as Chairman of the
Board of Directors of Pelican Bay Foundation, Inc., a Florida-not-for-profit corporation
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged, sworn to and subscribed before me this 29th day of May, 2015, by C. David Cook as Chairman of the Board of Directors of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, who is personally known to me.
(NOTARY SEAL) /s/ Suzanne Minadeo
Notary Public
Print Name: Suzanne Minadeo
My Commission Expires: 7-2-16
Exhibit “C”
STATEMENT OF MARKETABLE TITLE ACTION
THE PELICAN BAY FOUNDATION, INC. (the “ASSOCIATION”) has taken action to ensure that the Declaration of Restrictions and Protective Covenants for a Portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1208, Page 2077 et seq., of the Public Records of Collier 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 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.
Member LastName FirstName MAddressLine2 MAddressLine3 MAddressLine4 MPostalCode Association
44992000 Anselmi Robert 799 Park Avenue #7b New York, NY 10021 St. Tropez
44910000 Awrey E. Ross 17761 East Kirkwood Dr Clinton Township, MI 48038 St. Tropez
44930000 Barbeau Hubert D-1601-520 Pl Juge Desnoyers Laval, Quebec Canada H7G 4X1 St. Tropez
44940001 Batliner Richard 25489 Wagon Wheel Court Barrington, IL 60010 St. Tropez
44950100 Berner Elsie 5501 Heron Point Drive # 103 Naples, FL 34108 St. Tropez
44970000 Binder Volker Carl-Schuler Strasse 10 Bayreuth 95444 Germany 95444 St. Tropez
45411000 Chierici Alessandro 5501 Heron Point Drive # 302 Naples, FL 34108 St. Tropez
45353000 Colmore Global Limited 17 Bentley Way Stanmore Middlesex ENGLAND UK HA7 3RR St. Tropez
45291000 Dart Timothy J. 1216 Chestnut Ave Wilmette, IL 60091 St. Tropez
45242000 DeCapua Joseph 2626 Haverford Rd. Columbus, OH 43220 St. Tropez
45050000 ElNaggar Dr Khalil 5501 Heron Point Drive #1201 Naples, FL 34108 St. Tropez
45111000 Elwood William E. 555 S. Washington Street #103 Alexandria, VA 22314 St. Tropez
45091000 Everett Joseph T. 81 West Central St Natick, MA 01760 St. Tropez
44964000 Foley Michael 5501 Heron Point Drive # 1001 Naples, FL 34108 St. Tropez
45070100 Frazee Living Trust Jean H. 459 Eagle Circle Casselberry, FL 32707 St. Tropez
45011000 Hartman Arthur L. 391 Midlakes Blvd Plainwell, MI 49080 St. Tropez
45120000 Hickson Robert 371 North Main Street Mt. Gilead, OH 43338 St. Tropez
45232000 Hoglund Peter 300 E. 55th Street, Apt 22B New York, NY 10022 St. Tropez
45140000 Jackson Karen 5501 Heron Point Drive # 901 Naples, FL 34108 St. Tropez
44981000 KTTJP Properties LLC 1235 S Prairie Ave # 2403 Chicago, IL 60605 St. Tropez
45160000 Lieb Theodore 1344 Freedom Blvd. Coatesville, PA 19320 St. Tropez
45170000 Linton James 186 Bayshore Dr Brechin RR3, ON Canada L0K 1B0 St. Tropez
45324000 LOB Investment LTD Partnership 700 Solano Prado Coral Gables, FL 33156 St. Tropez
45190100 Lynett Ellinor 5501 Heron Point Drive # 402 Naples, FL 34108 St. Tropez
45102000 M Cubed Family Trust 28 Chieftain Crescent Toronto, Ontario CANADA M2L 2H4 St. Tropez
45401000 Marchessault Joanne 2496 Rue de la Carriole Ste-Adele, Quebec CANADA PQ J8B 1Z9 St. Tropez
45210000 McGann Mary 5501 Heron Point Drive # 501 Naples, FL 34108 St. Tropez
45220000 McIntyre Elizabeth 5501 Heron Point Drive # 702 Naples, FL 34108 St. Tropez
45152000 Meiners Robert S. 540 Putter Point Place Naples, FL 34103 St. Tropez
45022000 Miller Carol Jean 5501 Heron Point Drive # 1102 Naples, FL 34108 St. Tropez
45250000 Mitchell Robert 12916 Dulaney Valley Road Glen Arm, MD 21057 St. Tropez
45270100 Mongeau Grace 5501 Heron Point Drive # 202 Naples, FL 34108 St. Tropez
45280000 Moore Dorothy Dress 1112 Dress Lane Evansville, IN 47725 St. Tropez
45061000 Murphy Trust David 5501 Heron Point Drive # 203 Naples, FL 34108 St. Tropez
45391000 Nauck William 100 Greentree Road Chagrin Falls, OH 44022 St. Tropez
45083000 Norman Robert W. PO Box 134 Turners, MO 65765 St. Tropez
45300000 Norman Robert W. 5501 Heron Point Drive PH-2 Naples, FL 34108 St. Tropez
44922000 Palatchi Benjamin 6841 Fox Hill Lane Cincinnati, OH 45236 St. Tropez
45310000 Peck Penelope 87 Carriage Hill Circle Southborough, MA 01772 St. Tropez
45330000 Schleifer Joseph 33 Karla Drive Whippany, NJ 07981 St. Tropez
45360000 Simon Erhard 5501 Heron Point Drive # 904 Naples, FL 34108 St. Tropez
45041000 Skayne Thomas J. 23 Blue Rock Rd Orleans, MA 02653 St. Tropez
45201000 Slack Dean A. 6 Birchwood Lane Westport, CT 06880 St. Tropez
45371200 Spitzer Scott 3300 Fallen Tree Court Alexandria, VA 22310 St. Tropez
45261000 Stratta Diana 43 Matthiessen Park N. Irvington, NY 10533 St. Tropez
45421000 Sullivan Paul F. 78 Elmwood Ln Lincolnshire, IL 60069 St. Tropez
45032000 Taufic William L. 72 Five Mile River Rd Darien, CT 06820 St. Tropez
45380000 Thomas June 2884 Birnam Court Rochester, MI 48306 St. Tropez
45000100 Wall Laura Dart 325 W. Wisconsin St Chicago, IL 60614 St. Tropez
45341000 Ward Revocable Trust JoAnn B. 5501 Heron Point Drive # 601 Naples, FL 34108 St. Tropez
45182000 Wernick Gail T. 5162 Berrington Ct. Solon, OH 44139 St. Tropez
45131000 Wiesman Benjamin 770 N 93rd. St Apt SC3 Omaha, NE 68114 St. Tropez
July 10, 17, 2015 15-01550C