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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 5180510 OR 5202 PG 222
RECORDED 10/7/2015 9:02 AM 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. THOMAS)
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 1275, Page 1030 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 portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1275, Page 1030 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 September 25, 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 a portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1275, Page 1030 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 25th date of September, 2015.
PELICAN BAY FOUNDATION, INC.,
a Florida not-for-profit corporation
By: James Hoppensteadt, President
Witnesses:
/s/
Print Name: ARLENE HARPER
/s/
Print Name: Frank J Laney
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 25th day of September, 2015 by James Hoppensteadt, as President of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who is ( X ) personally known to me or ( ) has produced ____ as identification.
(SEAL)
/s/
Notary Public
Name: Suzanne Minadeo
(Type or Print)
My Commission Expires: 7/2/19
Exhibit “A”
Legal Description of Real Property
WILSON MILLER BARTON SOLL & PEEK, INC.
ENGINEERS PLANNERS SURVEYORS
1383 AIRPORT-PULLING ROAD NORTH, NAPLES, FLORIDA 33942-9986 (813) 643-4545
Legal description of part of Parcel “D”,
Pelican Bay Unit One, (P.B. 12, pages 47-52)
Collier County, Florida
(8.16 +/- acre parcel at north end of Parcel “D”)
(revised)
All that part of Parcel “D”, Pelican Bay Unit One according to the plat thereof as recorded in Plat Book 12, pages 47-52, Collier County Public Records, Collier County, Florida being more particularly described as follows;
Commencing at the northeast corner of said Parcel “D”; thence along the east line of said Parcel “D” southwesterly 8.11 feet along the arc of a circular curve concave to the northwest, having a radius of 1140.00 feet, through a central angle of 0Ëš-24'-27” and being subtended by a chord which bears South 08Ëš- 26'-05” West 8.11 feet to the POINT OF BEGINNING of the parcel herein described ;
thence continue along said curve and said east line southwesterly 124.99 feet along the arc of a circular curve concave to the northeast, having a radius of 1140.00 feet, through a central angle of 06Ëš-16'-56” and being subtended by a chord which bears South 11Ëš-46'-47” West 124.93 feet; thence continue along said east line South 14Ëš-55'-15” West 315.00 feet;
thence continue along said east line southwesterly 247.06 feet along the arc of a circular curve concave to the southeast, having a radius of 1260.00 feet, through a central angle of 11Ëš-14'-04” and being subtended by a chord which bears South 09Ëš-18'-13” West 246.66 feet to a point on said curve and the north line of the Dorchester, a condominium according to the Condominium Plat thereof as recorded in Condominium Plat Book 18, page 65, Collier County Public Records, Collier County, Florida;
thence along said north line North 86Ëš-18'-49” West 200.89 feet;
thence continue along said north line South 87Ëš-49'-00” West 371.00 feet;
thence North 02Ëš-11'-00” West 38.93 feet;
thence North 19Ëš-17'-16” East 493.48 feet;
thence northeasterly and northerly 31.48 feet along the arc of a circular curve concave to the northwest, having a radius of 76.00 feet, through a central angle of 23Ëš-43'-46” and being subtended by a chord which bears North 07Ëš-25'-23” East 31.25 feet;
thence North 04Ëš-26'-30” West 134.23 feet to the north line of said Parcel “D”;
thence along said north line North 89Ëš-00'-00” East 173.33 feet to a point on a curve;
thence leaving said north line southeasterly and easterly 53.55 feet along the arc of a non-tangential circular curve concave to the northeast, having a radius of 52.50 feet, through a central angle of 58Ëš-26'-18” and being subtended by a chord which bears South 66Ëš-16'-51” East 51.26 feet to a point on said curve;
thence leaving said curve along a radial line South 05Ëš-30'-00” East 8.00 feet;
thence North 84Ëš-30'-00” East 272.87 feet to a line lying 8 feet southerly of and parallel with the said north line of Parcel “D”;
thence along said parallel line North 89Ëš-00'-00” East 69.93 feet to the Point of Beginning of the parcel herein described;
containing 8.16 acres more or less;
subject to easements and restrictions of record.
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
Reg. Engineers and Land Surveyors
BY /s/
Wilbur M. Christiansen, Jr., P.L.S.
Date 5/12/87
#2765
Recorded and Verified in Official Records of COLLIER COUNTY, FLORIDA
Not valid unless embossed with the Professional's seal.
W.O. 27549
Ref: 4L-435 (LS:kd parcel-d-2-2)
Date: May 13, 1987
EXHIBIT “A”
Recorded and Verified in Official Records of COLLIER COUNTY, FLORIDA
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 25th day of September, 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 portion of Parcel “D”, Pelican Bay Unit One, originally recorded in Official Records Book 1275, Page 1030 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 September 25, 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.
/s/
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 25th day of September, 2015, by C. David Cook as Chairman of the Board of Directors of Pelican Bay Foundation, Inc., a Florida not-for-profit corporation, ( X ) who is personally known to me or ( ) who has produced ____ as identification, and who did take an oath.
(NOTARY SEAL)
/s/
Notary Public
Print Name: Suzanne Minadeo
My Commission Expires: 7/2/19
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 1275, Page 1030 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.
November 20, 27, 2015 15-02503C
LastName FirstName AddressLine1 AddressLine2 MAddressLine4 Postal Code Association
Aichholz Martha T. 6151 Pelican Bay Blvd # 27 Naples, FL 34108 St. Thomas
Antonelli Family Trust 6131 Pelican Bay Blvd # 6 Naples, FL 34108 St. Thomas
Bartlett Karen 6141 Pelican Bay Blvd # 19 Naples, FL 34108 St. Thomas
Buttolph David 139 Thurton Drive New Caanan, Ct 06840 St. Thomas
Buttolph David 139 Thurton Dr. New Canaan, CT 06840 St. Thomas
Chusmir Michael 2303 Popkins Lane Alexandria, VA 22306 St. Thomas
DeGroote Richard 915 Riverview Drive Brielle, NJ 08730 St. Thomas
Dillon Matthew J. PO Box 485 Riderwood, MD 21139 St. Thomas
Gascoigne James S. 50 Hunting Trail Moreland Hills, OH 44022 St. Thomas
Hegarty Martin 125 Lorraine Ave Montclair, NJ 07043 St. Thomas
Horwitz Trusts Eugene & Debra 253 S. Graeser Rd Saint Louis, MO 63141 St. Thomas
Lang Trust 48 Lombardy Baie D'Urfe, Quebec Canada H9X 3LI St. Thomas
Lienemann William H. 6131 Pelican Bay Blvd # 11 Naples, FL 34108 St. Thomas
Lowther Robert J. 12737 Forrest Drive Edinboro, PA 16412 St. Thomas
Martinelly Robert E. 70 Corn Lane Shrewsbury, NJ 07702 St. Thomas
Nill Family Ltd Prtnshp 10917 Otter Creek Ct. Ft. Wayne, IN 46814 St. Thomas
Paul Sigismund 2416 Cherry Street Park Ridge, IL 60068 St. Thomas
Paul Sigismund G. 2416 Cherry Street Park Ridge, IL 60068 St. Thomas
Peterson Jeffrey D. 6005 Erin Terrace Edina, MN 55439 St. Thomas
Potter Donald W. 116 Fuller Lane Winnetka, IL 60093 St. Thomas
Rosenfelder Harold L. 6151 Pelican Bay Blvd # 31 Naples, FL 34108 St. Thomas
Santarelli Thomas P. 6141 Pelican Bay Blvd # 18 Naples, FL 34108 St. Thomas
Schroeder Living Trust Kevyn F. 406 Reavis Place Webster Groves, MO 63119 St. Thomas
Speer Trust Barbara 94 Indian Hill Road Winnetka, IL 60093 St. Thomas
Steinmetz William C. 649 Glendale Drive Glenview, IL 60025 St. Thomas
Thatcher Gentry 4504 Moorland Av Edina, MN 55424 St. Thomas
Theoharides Cornelia PO Box 1202 Southold, NY 11971 St. Thomas
Thompson Jack 6151 Pelican Bay Blvd # 29 Naples, FL 34108 St. Thomas
Tucker James C. 1227 North Jackson Ave River Forest, IL 60305 St. Thomas
Vance Herbert A. 167 Woodford Hills Dr. Avon, CT 06001 St. Thomas
White Ronald 59 Rickert Drive Yardley, PA 19067 St. Thomas
Wurster Trust Laurel S. 139 W. Maple Avenue Stockton, IL 61085 St. Thomas