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INSTR # 2015000137850, Doc Type NOT, Pages 7, Recorded 06/25/2015 at 8:59 AM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $61.00 Deputy Clerk JPMILLER
INST # 2015000121314, Doc Type NOT, Pages 6, Recorded 06/04/2015 at 02:14 PM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $52.50 Deputy Clerk BDURR
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Ashley D. Lupo, Esquire
Roetzel & Andress, LPA
850 Park Shore Drive, Third Floor
Naples, FL 34103-3587
Phone No. (239) 649-6200
The undersigned, being the duly elected President of THE SANCTUARY AT BONITA BAY 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 c/o Gulf Breeze Management Services, Inc., 8910 Terrene Court, Suite 200, Bonita Springs, Florida 34145. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name The Sanctuary at Bonita Bay Homeowners' Association, Inc. on August 27, 1990, and the Association was organized for the purpose of operating and administering the community known as The Sanctuary at Bonita Bay Homeowners' Association, Inc., pursuant to the Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay recorded at Official Records Book 2208, Page 3737, et seq., Public Records of Lee County, Florida, then re-recorded to include the legal description pursuant to the Re-recorded Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 2222, Page 1400, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 3985, Page 3364, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Instrument Number 2011000127791, Public Records of Lee 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 Lawrence Russell, 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 April 22, 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:
/s/ Michelle Pacitto
Witness Name: Michelle Pacitto
/s/ Dierdre Woods
Witness Name: Dierdre Woods
THE SANCTUARY AT BONITA BAY HOMEOWNERS' ASSOCIATION, INC. (SEAL)
By: /s/ Lawrence Russell
Lawrence Russell
Its: President
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Lawrence Russell, as President of The Sanctuary at Bonita Bay Homeowners' Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is (X) personally known to me or produced ___ as identification.
(SEAL) /s/ Stacy D. Moore
NOTARY PUBLIC
Name: Stacy D. Moore
My commission expires: August 3, 2018
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 Lawrence Russell, who, being duly sworn, deposes and states:
1. My name is Lawrence Russell. 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 The Sanctuary at Bonita Bay 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 The Sanctuary at Bonita Bay recorded at Official Records Book 2208, Page 3737, et seq., Public Records of Lee County, Florida, then re-recorded to include the legal description pursuant to the Re-recorded Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 2222, Page 1400, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 3985, Page 3364, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Instrument Number 2011000127791, Public Records of Lee 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 April 22, 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.
THE SANCTUARY AT BONITA BAY HOMEOWNERS' ASSOCIATION, INC. (SEAL)
By: Russell Lawrence
Its: President
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Lawrence Russell, as President of The Sanctuary at Bonita Bay Homeowners' Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is (X) personally known to me or produced ___ as identification.
(SEAL) /s/ Stacy D. Moore
NOTARY PUBLIC
Name: Stacy D. Moore
My commission expires: August 3, 2018
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
THE SANCTUARY AT BONITA BAY HOMEOWNERS' ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay recorded at Official Records Book 2208, Page 3737, et seq., Public Records of Lee County, Florida, then re-recorded to include the legal description pursuant to the Re-recorded Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 2222, Page 1400, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Official Records Book 3985, Page 3364, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for The Sanctuary at Bonita Bay, recorded at Instrument Number 2011000127791, Public Records of Lee 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 Lee 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”
Lots 1-6, inclusive, Block E, Lots 1-3, inclusive, Block A, Lots 1-4, inclusive, Block D, Lots 1 and 2, Block C, Lots 1-5, inclusive, Block B, all of Bonita Bay, Unit 8, according to the Plat recorded in Plat Book 46, Pages 26 through 31, inclusive of the Public Records of Lee County, Florida.
Lots 7-22, inclusive, Block E, Bonita Bay, Unit 8, Phase III, according to the Plat recorded in Plat Book 47, pages 64 through 65, inclusive, of the Public Records of Lee County, Florida.
Lots 1 and 2, Block F, Lots 3-7, inclusive, Block C, Lots 6-24, inclusive, Block B, all of Bonita Bay, Unit 8, Phase II, according to the Plat recorded in Plat Book 46, Pages 80 through 83, inclusive, of the Public Records of Lee County, Florida.
AFFIDAVIT OF MAILING AND POSTING
THE SANCTUARY AT BONITA BAY 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 The Sanctuary at Bonita Bay Homeowners' Association, Inc. not less than seven (7) days in advance of the Board Meeting held on April 22, 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 15th day of April, 2015.
THE SANCTUARY AT BONITA BAY HOMEOWNERS ASSOCIATION, INC. (SEAL) By: /s/ M Paacitto
Its: Property Manager
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was sworn to and subscribed before me this 15th day of April, 2015, by Michelle Pacitto, as Property Manager of The Sanctuary at Bonita Bay Homeowners' Association, Inc., who is ( ) personally known to me or who has produced (type of identification) ____, as identification and who did take an oath.
/s/ Stacy D. Moore
Notary Public
Printed Name: Stacy D. Moore
Serial Number: FF147493
My commission expires: August 3, 2018
July 17, 24, 2015 15-02547L