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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 5289757 OR 5294 PG 622
RECORDED 7/14/2016 3:49 PM 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. LUCIA)
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 “T”, Pelican Bay Unit Three, according to the Plat thereof recorded in Plat Book 13, Page 35, originally recorded in Official Records Book 1320, Page 1398 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 “T”, Pelican Bay Unit Three, according to the Plat thereof recorded in Plat Book 13, Page 35, originally recorded in Official Records Book 1320, Page 1398 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 June 24, 2016 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 “T”, Pelican Bay Unit Three, according to the Plat thereof recorded in Plat Book 13, Page 35, originally recorded in Official Records Book 1320, Page 1398 et seq., of the Public Records of Collier County, Florida, as amended and/or restated from time to time.
Dated this 24th date of June, 2016.
PELICAN BAY FOUNDATION, INC.,
a Florida not-for-profit corporation
By: James Hoppensteadt, President
Witnesses:
/s/ Elizabeth L. Kosmerl
Print Name: Elizabeth L. Kosmerl
/s/ Cathy-Lynn May
Print Name: Cathy-Lynn May
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 24th day of June, 2016 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/ Suzanne Minadeo
Notary Public
Name: Suzanne Minadeo
(Type or Print)
My Commission Expires: 7/2/19
Exhibit “A”
LAND DESCRIPTION
ALL THAT PART OF PARCEL T, PELICAN BAY, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL T: THENCE SOUTH 89Ëš 00' 00” WEST ALONG A SOUTHERLY LINE OF SAID PARCEL T, A DISTANCE OF 361.06 FEET; THENCE NORTH 1Ëš 00' 00” WEST ALONG A WESTERLY LINE OF SAID PARCEL T, A DISTANCE OF 25.00 FEET: TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 30.00 FEET:
THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND ALONG A SOUTHERLY LINE OF SAID PARCEL T THROUGH A CENTRAL ANGLE OF 24Ëš 30' 00” AN ARC DISTANCE OF 12.83 FEET:
THENCE NORTH 66Ëš 30' 00” WEST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL T, A DISTANCE OF 386.29 FEET:
THENCE NORTH 21Ëš 53' 01” WEST ALONG A WESTERLY LINE OF SAID PARCEL T A DISTANCE OF 80.00 FEET:
THENCE LEAVING SAID WESTERLY LINE NORTH 70Ëš 40' 01” EAST 634.36 FEET:
THENCE NORTH 88Ëš 25' 15” EAST 100.00 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE, CONCAVE EASTERLY WHOSE RADIUS POINT BEARS NORTH 88Ëš 25' 15” EAST 2325.72 FEET, SAID INTERSECTION BEING A POINT ON THE EASTERLY LINE OF SAID PARCEL T:
THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE AND THE EASTERLY LINE OF SAID PARCEL T THROUGH A CENTRAL ANGLE OF 11Ëš 30' 00” AN ARC DISTANCE OF 466.80 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAINING 5.24 ACRES OF LAND MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AGNOLI, BARBER & BRUNDAGE, INC.
PROFESSIONAL ENGINEERS, PLANNERS AND LAND SURVEYORS
BY CHARLES J. DUNBAR, P.L.S. NO. 4096
DATE 8/7/87
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 24th day of June 2016, personally appeared C. David Cook, who being duly sworn, depose 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 “T”, Pelican Bay Unit Three, according to the Plat thereof recorded in Plat Book 13, Page 35, originally recorded in Official Records Book 1320, Page 1398 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 June 24, 2016 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 24th day of June, 2016, 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 “T”, Pelican Bay Unit Three, according to the Plat thereof recorded in Plat Book 13, Page 35, originally recorded in Official Records Book 1320, Page 1398 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.
ST. LUCIA
Demetro Realty Co., Inc 6371 Pelican Bay Blvd N-1 Naples, FL 34108
Leavitt Family Revocable Trust 6361 Pelican Bay Blvd # 202 Naples, FL 34108
U-PAK Disposals Ltd. 6361 Pelican Bay Blvd # 804 Naples, FL 34108
Aaron H. Schneider 6361 Pelican Bay Blvd # 1205 Naples, FL 34108
Alan H. Kotz 6361 Pelican Bay Blvd # 203 Naples, FL 34108
Alfred Armstrong 6361 Pelican Bay Blvd # 1401 Naples, FL 34108
Andrei Vermont 6361 Pelican Bay Blvd # 104 Naples, FL 34108
Anita Nordahl 6361 Pelican Bay Blvd # 602 Naples, FL 34108
Arthur A. Gravina 6361 Pelican Bay Blvd # 1001 Naples, FL 34108
Barbara Betts 6361 Pelican Bay Blvd PH-2 Naples, FL 34108
Barbara M. Wible 6361 Pelican Bay Blvd # 1105 Naples, FL 34108
Carmela Nicoletta 6361 Pelican Bay Blvd # 904 Naples, FL 34108
Carolyn Howard 6361 Pelican Bay Blvd # 1402 Naples, FL 34108
Casper Bocina 6361 Pelican Bay Blvd # 801 Naples, FL 34108
Charles Eleini 6361 Pelican Bay Blvd # 803 Naples, FL 34108
Charles E. Fetter 6361 Pelican Bay Blvd # 1005 Naples, FL 34108
Christopher Kurczaba 6361 Pelican Bay Blvd # 305 Naples, FL 34108
Christopher A. Deveny 6361 Pelican Bay Blvd # 505 Naples, FL 34108
Claus H. Rode 6361 Pelican Bay Blvd # 404 Naples, FL 34108
Clifford Jones 6361 Pelican Bay Blvd # 902 Naples, FL 34108
Darin Roth 6351 Pelican Bay Blvd # 9 Naples, FL 34108
Dean Harvey 6371 Pelican Bay Blvd # 4 Naples, FL 34108
Dominique Bellemare 6361 Pelican Bay Blvd # 1203 Naples, FL 34108
Donald L. King 6371 Pelican Bay Blvd N-7 Naples, FL 34108
Donna K. Loomis 6361 Pelican Bay Blvd # 705 Naples, FL 34108
Doreen Newell 6361 Pelican Bay Blvd # 402 Naples, FL 34108
Edward E. Jones 6361 Pelican Bay Blvd # 1405 Naples, FL 34108
Eric Mogentale 6361 Pelican Bay Blvd PH-4 Naples, FL 34108
Frank DeAngelo 6361 Pelican Bay Blvd # 103 Naples, FL 34108
Frederick W. Drakesmith 6361 Pelican Bay Blvd # 304 Naples, FL 34108
G.Keith Edwards 6361 Pelican Bay Blvd # 1103 Naples, FL 34108
Gary A. Grossman 6361 Pelican Bay Blvd # 102 Naples, FL 34108
Geraldine Moss 6351 Pelican Bay Blvd S-18 Naples, FL 34108
Hendra Marciani Trust 6361 Pelican Bay Blvd # 605 Naples, FL 34108
Herbert Alden 6361 Pelican Bay Blvd. #405 Naples, FL 34108
Jacqueline Holzer 6371 Pelican Bay Blvd # 6 Naples, FL 34108
James Hamm 6351 Pelican Bay Blvd # 15 Naples, FL 34108
James Morahan 6361 Pelican Bay Blvd # 1404 Naples, FL 34108
James J. Arpin Trust 6361 Pelican Bay Blvd # 604 Naples, FL 34108
JoAnne M. Sherman 6361 Pelican Bay Blvd # 403 Naples, FL 34108
John Bradley 6371 Pelican Bay Blvd # 5 Naples, FL 34108
John Chandler 6361 Pelican Bay Blvd # 502 Naples, FL 34108
John Lyons 6361 Pelican Bay Blvd # 603 Naples, FL 34108
John Sullivan 6361 Pelican Bay Blvd # 205 Naples, FL 34108
John R. Jordan 6361 Pelican Bay Blvd # 1003 Naples, FL 34108
Juan Franquiz 6361 Pelican Bay Blvd # 105 Naples, FL 34108
Karen E. Jankowski 6361 Pelican Bay Blvd # 401 Naples, FL 34108
Kristin M. Sinnenberg Family Trust 6361 Pelican Bay Blvd # 903 Naples, FL 34108
Kristine Geddes 6351 Pelican Bay Blvd # 11 Naples, FL 34108
Leonard J. Rothman 6361 Pelican Bay Blvd # 201 Naples, FL 34108
Linda M. Kahn 6361 Pelican Bay Blvd # 1201 Naples, FL 34108
Lucy Hunter 6361 Pelican Bay Blvd # 905 Naples, FL 34108
Marc Chamberlin III 6351 Pelican Bay Blvd # 12 Naples, FL 34108
Marc Pachla 6361 Pelican Bay Blvd # 1002 Naples, FL 34108
Margaret Gmiter 6361 Pelican Bay Blvd # 303 Naples, FL 34108
Mark Shirk 6371 Pelican Bay Blvd # 2 Naples, FL 34108
Mervyn Foster 6361 Pelican Bay Blvd # 503 Naples, FL 34108
Michael A. Moore 6371 Pelican Bay Blvd N-8 Naples, FL 34108
Nancy Koerwer 6361 Pelican Bay Blvd # 301 Naples, FL 34108
Neil O'Donnell 6351 Pelican Bay Blvd # 17 Naples, FL 34108
Patricia Hoepp 6361 Pelican Bay Blvd # 805 Naples, FL 34108
Patricia H. Florestano 6361 Pelican Bay Blvd # 501 Naples, FL 34108
Patricia R. Plakias 6361 Pelican Bay Blvd # 702 Naples, FL 34108
Peter Alexoff Family Trust 6361 Pelican Bay Blvd PH-3 Naples, FL 34108
Peter Jordan 6361 Pelican Bay Blvd. #704 Naples, FL 34108
R. William Cornell 6361 Pelican Bay Blvd # 701 Naples, FL 34108
Rhonda H. Kelly 6361 Pelican Bay Blvd # 1202 Naples, FL 34108
Richard D. Crabtree Trust 6361 Pelican Bay Blvd # 504 Naples, FL 34108
Robert C. Laumann 6361 Pelican Bay Blvd # 1104 Naples, FL 34108
Robert E. Biggers 6351 Pelican Bay Blvd # 10 Naples, FL 34108
Robin DeWald 6361 Pelican Bay Blvd # 101 Naples, FL 34108
Scott Shattuck 6361 Pelican Bay Blvd # 1004 Naples, FL 34108
Sheila Cole-Schmitt Rev. Trust 6361 Pelican Bay Blvd PH-5 Naples, FL 34108
Sigmund Pfeifer 6361 Pelican Bay Blvd # 302 Naples, FL 34108
Stephen D. Nordahl 6361 Pelican Bay Blvd # 601 Naples, FL 34108
Susan Sidlow 6361 Pelican Bay Blvd # 1403 Naples, FL 34108
Thomas Rogers 6361 Pelican Bay Blvd # 1204 Naples, FL 34108
Thomas Watkins 6361 Pelican Bay Blvd PH-1 Naples, FL 34108
Timothy R. Kallenbach 6361 Pelican Bay Blvd # 204 Naples, FL 34108
Tomas L. Fridinger 6361 Pelican Bay Blvd # 1102 Naples, FL 34108
Wendy Sue Tanner 6361 Pelican Bay Blvd # 1101 Naples, FL 34108
Werner Leutert 6371 Pelican Bay Blvd # 3 Naples, FL 34108
William Brandofino 6361 Pelican Bay Blvd # 703 Naples, FL 34108
William Mitchell 6361 Pelican Bay Blvd # 802 Naples, FL 34108
William H. Edgerton 6361 Pelican Bay Blvd # 901 Naples, FL 34108
William Timothy Stapleton Revocable Trust 6351 Pelican Bay Blvd S-16 Naples, FL 34108
August 5, 12, 2016 16-01524C