-
-
Loading
Loading
INSTR 5139143 or 5166 PG 1849 RECORDED 6/23/2015 10:28 AM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $61.00
NOTICE OF PRESERVATION
OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Sean M. Ellis, Esquire
Roetzel & Andress, LPA
2320 First Street Suite 1000
Ft. Myers, FL 33901
(239) 337-3850
The undersigned, being the duly elected President of OAK FOREST VILLAS HOMEOWNERS 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 2180 West SR 434, Suite 5000, Longwood, FL 32779. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Oak Forest Villas Homeowners Association, Inc. on August 23, 1985, and the Association was organized for the purpose of operating and administering the community known as Oak Forest Villas Homeowners Association, Inc., pursuant to the Declaration of Covenants, Conditions and Restrictions for Oak Forest Villas recorded at Official Records Book 1149, Page 1539, 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 Richard Erickson, 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 May 29, 2015, 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.
Witnesses: OAK FOREST VILLAS HOMEOWNERS ASSOCIATION, INC. (SEAL)
/s/ K. S Kingston
Witness Name: K.S. Kingston
/s/ John Twaddle
Witness Name: John Twaddle
By: /s/ Richard N Erickson
Richard Erickson
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 29 day of May, 2015, by Richard Erickson, as President of Oak Forest Villas Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is ( ) personally known to me or produced driver's license as identification.
(SEAL) NOTARY PUBLIC
Name: Javed A. Kapadia
My commission expires: 7/1/2019
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 Richard Erickson, who, being duly sworn, deposes and states:
1. My name is Richard Erickson. 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 Oak Forest Villas Homeowners Association, Inc., a Florida not-for-profit corporation (“Association”).
3. This Affidavit is made pursuant to the requirements of Section 712.06(1)(b), Florida Statutes and relates to the preservation by the Association of the Declaration of Covenants, Conditions and Restrictions for Oak Forest Villas recorded at Official Records Book 1149, Page 1539, 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 foregoing 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 Covenants) not less than seven (7) days prior to the meeting of the Board of Directors held on May 29, 2015, 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.
OAK FOREST VILLAS HOMEOWNERS ASSOCIATION, INC. (SEAL)
By: /s/ Richard N Erickson
Richard Erickson
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 29 day of May, 2015, by Richard Erickson, as President of Oak Forest Villas Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is () personally known to me or produced driver's license as identification.
NOTARY PUBLIC
Name: Javed A. Kapadia
My commission expires: 7/1/2019
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
OAK FOREST VILLAS HOMEOWNERS ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Oak Forest Villas recorded at Official Records Book 1149, Page 1539, 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”
DESCRIPTION OF PARCEL C
Part of Lot 18, Naples Grove and Truck Company's Little Farms No. 2, more particularly described as follows:
Commencing at the Northwest corner of Lot 18, Naples Grove and Truck Company's Little Farms No. 2, as recorded in Plat Book 1, Page 27 of the public records of Collier County, Florida; thence along the North line of said Lot 18, N.89°35'50” E. 353.73 feet for a PLACE OF BEGINNING;
thence continuing along the North line of said Lot 18, N.89°35'50” E. 287.89 feet to the Northeast corner of said Lot 18; thence along the east line of said Lot 18, S.0°42'12” E. 641.22 feet to the Northerly right of way line of Estey Avenue as described in Deed Book 16, page 110 of the public records of Collier County, Florida; thence along the said Northerly right-of-way line of Estey Avenue, S.89°35'50” W. 288.64 feet; thence N.0°38'10” W. 641.22 feet to the North line of said Lot 18, and the Place of Beginning.
Less that parcel described in O.R. Book 204, page 5 of the public records of Collier County, Florida.
Parcel contains 3.66 acres more or less.
AFFIDAVIT OF MAILING
AND POSTING
OAK FOREST VILLAS HOMEOWNERS 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 Oak Forest Villas Homeowners Association, Inc. not less than seven (7) days in advance of the Board Meeting held on May 29, 2015 at 3:00 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 29 day of May, 2015.
OAK FOREST VILLAS HOMEOWNERS ASSOCIATION, INC. (SEAL)
By: Richard N Erickson
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and subscribed before me this 29th day of May, 2015, by Richard Erickson, as President of Oak Forest Villas Homeowners Association, Inc., who is ( ) personally known to me or who has produced (type of identification) driver's license as identification and who did take an oath.
(SEAL) Notary public:
/s/ Javed A. Kapadia
Printed Name: Javed A. Kapadia
Serial Number: FF 207321
My commission expires: 7/1/2019
July 17, 24, 2015 15-01607C