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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 5180512 OR 5202 PG 232
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
(BEAUVILLE)
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 part of Parcel “E”, Pelican Bay Unit Five, originally recorded in Official Records Book 1326, Page 688 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 part of Parcel “E”, originally recorded in Official Records Book 1326, Page 688 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
A. TRIGO & ASSOCIATES, INC.
Professional Land Surveyors and Planners
1033 5th Avenue North
Naples, Florida 33940
Tel 263-0440
Legal Description of part of Parcel “E”, Pelican Bay Unit Five
(P.B. 13, pages 68-70)
Collier County, Florida
(Parcel II)
All that part of Parcel “E”, Pelican Bay Unit Five, according to the plat thereof as recorded in Plat Book 13, pages 68 through 70 (inclusive), Collier County Public Records, Collier County, Florida, being more particularly described as follows:
Commencing at the southwest corner of said Parcel “E”; thence along the westerly line of said Parcel “E” North 16Ëš20'05” West 374.00 feet to the POINT OF BEGINNING of the parcel herein described:
thence leaving said westerly line North 73Ëš39'55” East 250.75 feet; thence North 16Ëš20'05” West 318.25 feet; thence North 73!39'05” East 50.00 feet; thence North 16Ëš20'55” West 147.42 feet to a point on a curve; thence northeasterly 2.20 feet along the arc of a non-tangential circular curve concave to the northwest , having a radius of 86.07 feet, through a central angle of 01Ëš27'57” and being subtended by a chord which bears North 53Ëš58'59” East 2.20 feet; thence North 53Ëš15'00” East 76.90 feet; thence northeasterly and northerly 14.65 feet along the arc of a circular curve concave to the northwest, having a radius of 10.00 feet; through a central angle of 83Ëš56'37” and being subtended by a chord which bears North 11Ëš16'42” East 13.38 feet; thence North 30Ëš41'37” West 1.06 feet; thence North 53Ëš15'00” East 158.79 feet to the easterly line of said Parcel “E” and a point on a curve; thence along said easterly line 272.16 feet along the arc of a non-tangential circular curve concave to the northeast, having a radius of 550.00 feet, through a central angle of 10Ëš03'37” and being subtended by a chord which bears North 30Ëš25'34” West 271.81 feet; thence continue along said easterly line North 25Ëš23'45” West 55.04 feet to the north line of said Parcel “E”; thence along said north line south 66Ëš09'07” West 388.42 feet; thence along the northwesterly line of said Parcel “E” South 27Ëš51'55” West 100.00 feet; thence along the northwesterly line of said Parcel “E” South 16Ëš20'05” East 757.00 feet to the POINT OF BEGINNING of the parcel herein described;
containing 6.94 acres more or less;
subject to easements and restrictions of record.
/s/ A. Trigo, P.L.S.
Florida Registration No. 2982
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 of part of Parcel “E”, Pelican Bay Unit Five, originally recorded in Official Records Book 1326, Page 688 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 part of Parcel “E”, Pelican Bay Unit Five, originally recorded in Official Records Book 1326, Page 688 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 15-02507C
LastName FirstName AddressLine1 AddressLine2 MAddressLine4 Postal Code Association
Alden Phyllis G. 7006 Rue de Marquis Naples, FL 34108 Beauville
Arnold Craig 827 Rue de Ville Naples, FL 34108 Beauville
Bobrow Robert 134 Rippling Brook Way Bernardsville, NJ 07924 Beauville
Brown Reisha 7003 Rue de Marquis Naples, FL 34108 Beauville
Bunce William 830 Rue de Ville Naples, FL 34108 Beauville
Cenko Michael P. 31908 Eastlady Dr Beverly Hills, MI 48025 Beauville
Dowend Patrick M. 283 Main Street Ridgefield, CT 06877 Beauville
Drolet Kay C. 819 Rue de Ville Naples, FL 34108 Beauville
Fennessey Moira 7010 Rue de Marquis Naples, FL 34108 Beauville
Fields Joseph J. 4014 Greenway Baltimore, MD 21218 Beauville
Godley Robert W. 4500 North Washington Fort Wayne, IN 46804 Beauville
Gogolak Charles P. 824 Rue de Ville Naples, FL 34108 Beauville
Guinan Trust Susan M. 6564 Ridgewood Dr. Naples, FL 34108 Beauville
Howie Lauren 7019 Rue de Marquis Naples, FL 34108 Beauville
Hunter Durant 72 Mt. Vernon St. #4B Boston, MA 02108 Beauville
Jarvis Frederick 814 Rue de Ville Naples, FL 34108 Beauville
Kasanicky Gustav 7017 Rue de Marquis Naples, FL 34108 Beauville
Lynnes Trust R. Milton 2796 Estates Drive Park City, UT 84060 Beauville
Magovern George J. 884 Persimmon Rd Sewickley, PA 15143 Beauville
Mang Jeffrey C. 12 Glenview Drive Warren, NJ 07059 Beauville
Marinelli James M. 184 Garden Street Farmington, CT 06032 Beauville
Mason Steven Janney 217 Paddington Road Baltimore, MD 21212 Beauville
McArdle Richard 818 Rue de Ville Naples, FL 34108 Beauville
Palank Martha M. 7012 Rue de Marquis Naples, FL 34108 Beauville
Pappas Susan M. 7000 Rue De Marquis Naples, FL 34108 Beauville
Richards Trust Paul F. 808 Rue De Ville Naples, FL 34108 Beauville
Ryan Barbara A. 7023 Rue De Marquis Naples, FL 34108 Beauville
Ryan Lawrence 810 Rue de Ville Naples, FL 34108 Beauville
Sashin Sheryl 823 Rue de Ville Naples, FL 34108 Beauville
Sayles Leonard 802 Rue de Ville Naples, FL 34108 Beauville
Schwarz Tr, Trudy V 832 Crestview Ave Bloomfield Hills, MI 48302 Beauville
Silven Dick 7025 Rue de Marquis Naples, FL 34108 Beauville
Starglazer Trust 7015 Rue de Marquis Naples, FL 34108 Beauville
Szechenyi Trust Hanna 805 Rue de Ville Naples, FL 34108 Beauville
Thorson Kelley Kemp 2227 Tremont Road Upper Arlington, OH 43221 Beauville
Tull W. David 822 Rue de Ville Naples, FL 34108 Beauville