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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 5289760 OR 5294 PG 638
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
(VILLAS OF PELICAN BAY)
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 A1ticles 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 1 1 , 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 1262, Page 478 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 “N” and all that part of Parcel “Q”, Pelican Bay Unit Two, according to the Plat thereof recorded in Plat Book 12, Pages 74-79, originally recorded in Official Records Book 1304, Page 2314 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. 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 “N” and all that part of Parcel “Q”, Pelican Bay Unit Two, according to the Plat thereof recorded in Plat Book 12, Pages 74-79, originally recorded in Official Records Book 1304, Page 2314 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”
ALL THAT PART OF PARCEL E, PELICAN BAY UNIT FIVE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 68-70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL E, THENCE NORTH 16Ëš 20' 05” WEST ALONG THE WESTERLY LINE OF SAID PARCEL E, A DISTANCE OF
374.00 FEET, THENCE LEAVING SAID WESTERLY LINE NORTH 73Ëš 39' 55” EAST 502.38 FEET; THENCE NORTH 38Ëš 20' 45” EAST 285.38 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS NORTH 37Ëš58' 35” EAST 1,550.00 FEET SAID INTERSECTION BEING A POINT ON THE NORTH- EASTERLY LINE OF SAID PARCEL E, THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL E, ON THE FOLLOWING FOUR COURSES:
1) SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 5Ëš 22' 20” AN ARC DISTANCE OF 145.33 FEET:
2) SOUTH 57Ëš 23' 45” EAST 154.86 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY AND HAVING A
RADIUS OF 1110.00 FEET:
3) SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGEL OF 10Ëš 15' 00” AN ARC. DISTANCE OF 198.58 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1,002.01 FEET:
4) SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 7Ëš 31' 27” AN ARC DISTANCE OF 131.59 FEET:
THENCE LEAVING SAID NORTHEASTERLY LINE ON A NONRADIAL LINE SOUTH 53Ëš 47' 00” WEST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL E, A DISTANCE OF 397.63 FEET: THENCE SOUTH 13Ëš 47' 35” WEST ALONG THE EASTERLY LINE OF SAID PARCEL E: A DISTANCE OF 187.50 FEET; THENCE NORTH 83Ëš 33' 29” WEST ALONG THE SOUTHERLY LINE OF SAID PARCEL E, A DISTANCE OF 689.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
CONTAINING 12.017 ACRES OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER & BRUNDAGE, INC.
PROFESSIONAL ENGINEERS,
PLANNERS AND LAND SURVERYORS
BY CHARLES J. DUNBAR P.L.S. NO. 4096
DATE 6/19/87
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 “N” and all that part of Parcel “Q”, Pelican Bay Unit Two, according to the Plat thereof recorded in Plat Book 12, Pages 74-79, originally recorded in Official Records Book 1304, Page 2314 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 “N” and all that part of Parcel “Q”, Pelican Bay Unit Two, according to the Plat thereof recorded in Plat Book 12, Pages 74-79, originally recorded in Official Records Book 1304, Page 2314 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.
VILLAS OF PELICAN BAY
Bart Whitaker 5936 Chanteclair Drive Naples, FL 34108
Charles L. White 5921 Chanteclair Drive Naples, FL 34108
Daniel Leary 5920 Chanteclair Drive Naples, FL 34108
Elizabeth A. Rasmussen 5912 Chanteclair Drive Naples, FL 34108
Jane W. Harris Trust 5925 Chanteclair Drive Naples, FL 34108
John D. Lynch Sr 5932 Chanteclair Drive Naples, FL 34108
John F. Morris 5928 Chanteclair Drive Naples, FL 34108
John G. Martin 5945 Chanteclair Drive Naples, FL 34108
Kevin D. Langholz 5917 Chanteclair Drive Naples, FL 34108
Lauree Personette Trust 5904 Chanteclair Drive Naples, FL 34108
Marlene R. Lowe 5944 Chanteclair Drive Naples, FL 34108
Mowaffak Al-Hamad 5916 Chanteclair Drive Naples, FL 34108
Nancy Knight 5929 Chanteclair Drive Naples, FL 34108
Patricia Knisley 5908 Chanteclair Drive Naples, FL 34108
Patsy McFarlane 5900 Chanteclair Drive Naples, FL 34108
Philip Dipofi 5924 Chanteclair Drive Naples, FL 34108
Sherry R. Cristol 5940 Chanteclair Drive Naples, FL 34108
Susan Schumann Skehan Trust 5948 Chanteclair Drive Naples, FL 34108
Susan W. Cullman Trust 5949 Chanteclair Drive Naples, FL 34108
August 5, 12, 2016 16-01526C