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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 5180513 OR 5202 PG 242
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
(THE VILLAGE)
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 Parcel “C”, Pelican Bay Unit Four, originally recorded in Official Records Book 12414, Page 1845 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 712.0S(l)(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 Parcel “C”, Pelican Bay Unit Four, originally recorded in Official Records Book 1214, Page 51845 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
Parcel “C”, PELICAN BAY, UNIT FOUR, according to the Plat thereof recorded in Plat Book 13, Pages 30 through 32, Public 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 William Carpenter, who being duly sworn, deposes 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(l)(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 Parcel “C”, Pelican Bay Unit Four, originally recorded in Official Records Book 1214, Page 1845 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_parcel “C”, Pelican Bay Unit Four, originally recorded in Official Records Book 1214, Page 1845 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 15-02509C
LastName FirstName AddressLine1 AddressLine2 MAddressLine4 Postal Code Association
Ali M. Vilayat 6604 Southfork Court Naples, FL 34108 The Village
Berg David E. 6605 Southfork Court Naples, FL 34108 The Village
Deane Trust Lillian Elizabeth 804 Pine Village Lane Naples, FL 34108 The Village
Docherty Scott S. 224 Glade Mill Road Valencia, PA 16059 The Village
Fina Kathleen 803 Pine Village Lane Naples, FL 34108 The Village
Guenther Molly 380 Pebblebrook Drive Willoughby Hills, OH 44094 The Village
McLoughlin Vicki 202 Ashley Ave. Brielle, NJ 08730 The Village
Mitchell Trust Susan T. 8050 Avery Road Dublin, OH 43017 The Village
Mullin Trust Mary E. 807 Pine Village Lane Naples, FL 34108 The Village
Naylor Robert E. 805 Pine Village Lane Naples, FL 34108 The Village
Rathbun Mark R. 801 Pine Village Lane Naples, FL 34108 The Village
Reynolds David 6601 Southfork Court Naples, FL 34108 The Village
Roberts J. David 815 Pine Village Lane Naples, FL 34108 The Village
Schroeder William C. 3123 Heybridge Lane Alpharetta, GA 30004 The Village
Vicki L. Johnson Trust 5555 Windflower Road Rockford, IL 61107 The Village
Wegner Harold C. 6602 Southfork Court Naples, FL 34108 The Village