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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 5139569 OR 5166 PG 3269 RECORDED 6/23/2015 3:36PM 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
(SAINT ANDREWS)
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 Part of Parcel “C”, Pelican Bay Unit Five, originally recorded in Official Records Book 1189, Page 1513 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(1)(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 Part of Parcel “C”, Pelican Bay Unit Five, originally recorded in Official Records Book 1189, Page 1513 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 Part of Parcel “C”, Pelican Bay Unit Five, originally recorded in Official Records Book 1189, Page 1513 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 “C” of Pelican Bay Unit Five (Plat Book 13, pages 68-70), Collier County, Florida
For: Westinghouse
Communities of Naples
All that part of Parcel “C” of Pelican Bay Unit Five according to the plat thereof as recorded in Plat Book 13, pages 68-70, Public Records of Collier County, Florida:
being more particularly described as follows:
BEGINNING at the southerlymost corner of said Parcel “C”; thence along the southwesterly line of said Parcel “C”, North 51Ëš-17'-16” West 236.40 feet; thence continue along the boundary of said Parcel “C”, North 32Ëš-59'-05” West 470.68 feet to the north line of said Parcel “C”; thence along said line, south 83Ëš-33'-29” East 476.43 feet; thence South 66Ëš-12'-25” East 359.54 feet to the north right-of-way line of Gulf Park Drive as shown on said Plat of Pelican Bay Unit Five: thence along said line, southwesterly 519.62 feet along the arc of a non-tangential circular curve concave to the southeast having a central angle of 23Ëš-37'-51” and being subtended by a chord which bears South 50Ëš-31'-32” West 523.99 feet to the southerlymost corner of said Parcel “C” and the Point of Beginning of the parcel herein described; subject to easement and restrictions of record; containing 4.99 acres more or less.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Reg. Engineers and Land Surveyors
BY John E. Boutwell, P.L.S. 3934
DATE August 12, 1985
W.O. 24386
Ref: 41-377 (JLB: kjd pel-bay)
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( 1)(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 for a_Part of Parcel “C”, Pelican Bay Unit Five, originally recorded in Official Records Book 1189, Page 1513 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(l)(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: 7-2-15
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_Part of Parcel “C”, Pelican Bay Unit Five, originally recorded in Official Records Book 1189, Page 1513 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
30812000 Atwood Michael L. 600 N. Lake Shore Dr. #1512 Chicago, IL 60611 St. Andrews
30863000 Ben-Ami Leora 32 Walbrooke Rd. Scarsdale, NY 10583 St. Andrews
72460000 Brown Eleanor C. 1435 Ravineview Ct Bloomfield Hills, MI 48304 St. Andrews
30831000 Carper Robert 708 Heathery Lane (Lot 13) Naples, FL 34108 St. Andrews
72470000 Carroll John 703 Heathery Lane Naples, FL 34108 St. Andrews
30762000 Costanzo Frederic J. 711 Heathery Lane (Lot 6) Naples, FL 34108 St. Andrews
30872000 Eros Susan W. 718 Heathery Lane Naples, FL 34108 St. Andrews
30781000 Houchin David R. 3665 Barrow Wood Lane Lexington, KY 40502 St. Andrews
30842000 Kosec Michael 713 Heathery Lane Naples, FL 34108 St. Andrews
30731000 McDermott Kevin A. 700 Heathery Lane Lot 15 Naples, FL 34108 St. Andrews
30800000 Murphy Daniel 16860B Lake Road Brookfield, WI 53005 St. Andrews
30821000 Radtke Jerald 709 Heathery Lane Naples, FL 34108 St. Andrews
30771000 Sullivan Rita 7 Homewood Lane Darien, CT 06820 St. Andrews
30850001 Van Pelt James 704 Heathery Lane Naples, FL 34108 St. Andrews
30792000 ZNaples, LLC 701 Heathery Lane Naples, FL 34108 St. Andrews
July 10, 17, 2015 15-01551C