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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 5180515 OR 5202 PG 247
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
(PINECREST ADDITION)
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 1233, Page 685 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 “E”, Pelican Bay Unit Four, originally recorded in Official Records Book 1183, Page 785 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 “E”, Pelican Bay Unit Four, originally recorded in Official Records Book 1183, Page 785 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
LEGAL DESCRIPTION
A portion of Parcel “E” of Pelican Bay Unit Four according to the plat thereof as recorded in Plat Book 13 at Pages 30 through 32, inclusive, of the Public Records of Collier County, Florida, more particularly described as follows:
COMMENCE at the north east corner of Section 9, Township 49 south, Range 25 east as shown on said plat of Pelican Bay Unit Four thence S 89Ëš22'00” W for 150.00 feet to an intersection with the westerly right-of-way line of U.S. 41 (Tamiami Trail), being a point on the east line of said Parcel “E” and the POINT OF BEGINNING of the herein described parcel of land; thence S 00Ëš37'05” E along said east line for 1319.40 feet; thence S 70Ëš40'09” W for 89.25 feet; thence S 72Ëš39'39” W for 65.78 feet; thence S 77Ëš40'43” W for 43.09 feet; thence S 64Ëš56'57” W for 73.64 feet; thence N 75Ëš07'42” W for 96.48 feet to an intersection with the easterly right-of-way line of Ridgewood Drive, being a point on the arc of a circular curve concave to the west, said point bearing S 72Ëš17'29” E from the radius point of said curve; thence northeasterly, northerly and northwesterly along said easterly right-of-way line and along the arc of said curve having for its elements a radius of 1087.37 feet and a central angle of 59Ëš42'31” for 1133.16 feet to the point of reverse curvature with a circular curve concave to the east; thence northwesterly, northerly and northeasterly along the arc of said curve having for its elements a radius of 25.00 feet and a central angle of 90Ëš00'00” for 39.27 feet to the point of tangency, being a point on the southerly right-of-way line of Bentwood Drive; thence along said southerly right-of-way line for the following described five (5) courses: (1) N 48Ëš00'00” E for 49.08 feet to the point of a curvature of a circular curve concave to the northwest; (2) thence northeasterly along the arc of said curve having for its elements a radius of 384.59 feet and a central angle of 31Ëš30'12” for 211.46 feet to the point of reverse curvature with a circular curve concave to the southeast; (3) thence northeasterly along the arc of said curve having for its elements a radius of 220.00 feet and a central angle of 36Ëš11'12” for 138.95 feet to the point of tangency; (4) thence N 52Ëš41'00” E for 122.08 feet to the point of curvature of a circular curve concave to the northwest; (5) thence northeasterly and northerly along the arc of said curve having for its elements a radius of 330.00 feet and a central angle of 53Ëš19'55” for 307.17 feet; thence N 89Ëš21'05” E for 105.00 feet to an intersection with the aforementioned westerly right-of-way line of U.S. 41 (Tamiami Trail) and the east line of the aforementioned Parcel “E”, thence S 00Ëš38'55” E along said east line for 372.61 feet to the POINT OF BEGINNING.
SUBJECT TO: Easements, restrictions, reservations, covenants, limitations and conditions of record.
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 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 “E”, Pelican Bay Unit Four, originally recorded in Official Records Book 1183, Page 785 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 “E”, Pelican Bay Unit Four, originally recorded in Official Records Book 1183, Page 785 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 15-02506C
LastName FirstName AddressLine1 AddressLine2 MAddressLine4 Postal Code Association
Ryan Trust Michael P. 1490 Pleasant Lane Glenview, IL 60025 Pinecrest
6600 Ridgewood, LLC 1004 Collier Center Way, #200 Naples, FL 34110 Pinecrest
Abbott-Quigley Karen 825 Bentwood Drive Naples, FL 34108 Pinecrest
Arle John 802 Slashpine Court Naples, FL 34108 Pinecrest
Bacon Joanne 7 Clinton Lane Dearborn, MI 48120 Pinecrest
Bawduniak Joseph A. 803 Knollwood Court Naples, FL 34108 Pinecrest
Becker Trust Margaret Carol 832 Bentwood Drive Naples, FL 34108 Pinecrest
Bicket Robert 814 Bentwood Drive Naples, FL 34108 Pinecrest
Boehling David 838 Bentwood Drive Naples, FL 34108 Pinecrest
Bohan John J. 804 Bentwood Drive Naples, FL 34108 Pinecrest
Brader Barry 820 Bentwood Drive Naples, FL 34108 Pinecrest
Braun Karen E. 829 Bentwood Drive Naples, FL 34108 Pinecrest
Brodeur Brian J. 6596 Ridgewood Drive Naples, FL 34108 Pinecrest
Campbell Lawrence J. 6690 Vernmoor Drive Troy, MI 48098 Pinecrest
Carmichael William P. 6607 Ridgewood Drive Naples, FL 34108 Pinecrest
Cerny Ronald N. 813 Knollwood Court Naples, FL 34108 Pinecrest
Clovergate Properties Inc. 1515 Lake Shore Dr. # 250 Columbus, OH 43204 Pinecrest
Cohn Martin 805 Bentwood Drive Naples, FL 34108 Pinecrest
Colburn Carlton B. 6608 Ridgewood Drive Naples, FL 34108 Pinecrest
Corbett George D. 6611 Ridgewood Drive Naples, FL 34108 Pinecrest
Crehan Joseph 827 Bentwood Drive Naples, FL 34108 Pinecrest
Daniel Richard 802 Tallow Tree Court Naples, FL 34108 Pinecrest
Dickinson Susan P. 166 South Lake St Hamburg, NY 14075 Pinecrest
Dolan John 818 Bentwood Drive Naples, FL 34108 Pinecrest
Duff Rufus 803 Bentwood Drive Naples, FL 34108 Pinecrest
Eason David C. Wynyard, Billingham Cleveland, UK TS22 5QJ Pinecrest
Eggland Ellen 811 Bentwood Drive Naples, FL 34108 Pinecrest
Elia Myrna 811 Knollwood Court Naples, FL 34108 Pinecrest
English Mark E. 800 Slashpine Court Naples, FL 34108 Pinecrest
Etheridge F. Wade 6602 Ridgewood Drive Naples, FL 34108 Pinecrest
Feins Jonathan E. 810 Tallow Tree Court Naples, FL 34108 Pinecrest
Feins Trust Beatrice J. 806 Knollwood Court Naples, FL 34108 Pinecrest
Freund Sidney 807 Knollwood Court Naples, FL 34108 Pinecrest
Gardner Paul M. 800 Bentwood Drive Naples, FL 34108 Pinecrest
Gatti Anthony G. 6590 Ridgewood Drive Naples, FL 34108 Pinecrest
Goodman Debby 6592 Ridgewood Drive Naples, FL 34108 Pinecrest
Habgood Robert P. 814 Tallow Tree Court Naples, FL 34108 Pinecrest
Haines Terry L. 1375 Ledgewood Dr Akron, OH 44333 Pinecrest
Halpin Jamey 801 Knollwood Court Naples, FL 34108 Pinecrest
Hampton James 823 Bentwood Drive Naples, FL 34108 Pinecrest
Harshman Hal 277 Elim Springs Park Sullivan, IL 61951 Pinecrest
Hemmer James P. 806 Tallow Tree Court Naples, FL 34108 Pinecrest
Hill Travis 801 Tallow Tree Naples, FL 34108 Pinecrest
Allen J. & Terri
Hornik Trust L. 130 S. Water Street #101 Milwaukee, WI 53204 Pinecrest
Hunter Trust David T. 9 Kittaneset Road Bedford, NH 03110 Pinecrest
Jane R. Hoffman Trust Martin Colden 6 Waring Lane Greenwood Village, CO 80121 Pinecrest
Karpowicz Paul A. 6598 Ridgewood Drive Naples, FL 34108 Pinecrest
Kaufman Jack 804 Slashpine Court Naples, FL 34108 Pinecrest
Keesler Patrick E. 809 Knollwood Court Naples, FL 34108 Pinecrest
Kelley El Donna M. 803 Tallow Tree Court Naples, FL 34108 Pinecrest
Kennelly Trust William & Nancy 805 Lake Vista Court Naples, FL 34108 Pinecrest
Khorasantchi Ali 6594 Ridgewood Drive Naples, FL 34108 Pinecrest
Kiefer Trust Joan 800 Lake Vista Court Naples, FL 34108 Pinecrest
Klaus Trust L. George 9759 Bentgrass Bend Naples, FL 34108 Pinecrest
Klaus Trust L. George 9759 Bentgrass Bend Naples, FL 34108 Pinecrest
Lakoff Marital Trust Walter E. 804 Tallow Tree Court Naples, FL 34108 Pinecrest
Lamon David J. 808 Bentwood Drive Naples, FL 34108 Pinecrest
Leigh Ruth C. 808 Slashpine Court Naples, FL 34108 Pinecrest
Levy Lois H. 834 Bentwood Drive Naples, FL 34108 Pinecrest
Lord Revocable Trust John R. & Wendy V. 806 Bentwood Drive Naples, FL 34108 Pinecrest
Luconi Fred 6613 Ridgewood Drive Naples, FL 34108 Pinecrest
Lugo Gerardo J. 802 Bentwood Drive Naples, FL 34108 Pinecrest
Lyon Edwin 807 Bentwood Drive Naples, FL 34108 Pinecrest
Mansour Brian A. 6604 Ridgewood Drive Naples, FL 34108 Pinecrest
Marsh William L. 819 Bentwood Drive Naples, FL 34108 Pinecrest
Mason Trust Richard & Phylis 801 Lake Vista Court Naples, FL 34108 Pinecrest
McDonough Mathias 810 Bentwood Drive Naples, FL 34108 Pinecrest
Monico Michael D. 20 S. Clark Street, Ste. 700 Chicago, IL 60603 Pinecrest
O'Donnell John 6609 Ridgewood Drive Naples, FL 34108 Pinecrest
Olivier David M. 347 Foxdale Ave Winnipeg Manitoba Canada R2G 1A5 Pinecrest
Percario Michael 4 Roberts Road Warren, NJ 07059 Pinecrest
Perkins Helen L. 805 Tallow Tree Court Naples, FL 34108 Pinecrest
Reddies Hans D. 805 Knollwood Court Naples, FL 34108 Pinecrest
Saggese Cecile 828 Bentwood Drive Naples, FL 34108 Pinecrest
Schroeder Trust Diane 1106 Harrelton Ct Evansville, IN 47714 Pinecrest
Slowikowski Revocable Trust P.O. Box 1329 Edwards, CO 81632 Pinecrest
Smith Marguerita 39 Saxon Woods Avon, CT 06001 Pinecrest
Sommer John 2 Longwood Drive Redding, CT 06896 Pinecrest
Sternick Syamala Murti 105 Stonebridge Court New Hartford, NY 13413 Pinecrest
Van Dam Nina H. 833 Bentwood Drive Naples, FL 34108 Pinecrest
Vespo May 23,2011 Trust The Vincent & June 18 Richard Lane Huntington, NY 11743 Pinecrest
Virginia's Trust 12300 Countryview Drive Glen Allen, VA 23059 Pinecrest
Wachowicz Jerry 816 Bentwood Drive Naples, FL 34108 Pinecrest
Woods Declaration Trust John H. 37110 Wexford Dr. Solon, OH 44139 Pinecrest
Yule Frank D. 800 Tallow Tree Court Naples, FL 34108 Pinecrest