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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 5289759 OR 5294 PG 632
RECORDED 7/14/2016 3:49 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA
REC $52.50
NOTICE OF PRESERVATION OF COVENANTS
UNDER
MARKETABLE RECORD TITLE ACT
(CHANTECLAIR)
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 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 “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, 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 “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.
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”
PART OF PARCEL “D”, PELICAN BAY UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 47-52, COLLIER COUNTY, PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL “D”, SAID CORNE BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 'D” AND THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD, ON THE FOLLOWING FIVE COURSES:
1) SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1,140.00 FEET AND A CENTRAL ANGLE OF 6Ëš 41' 24”, A DISTANCE OF 133.11 FEET;
2) SOUTH 14Ëš 55' 15” WEST 315.00 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 604.76 FEET
3) SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 27Ëš 30' 00” A DISTANCE OF 1,260.00 FEET:
4) THENCE SOUTH 12Ëš 34” 45” EAST 453.14 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 1,260.00 FEET;
5) THENCE SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 3Ëš 53' 30” A DISTANCE OF 85.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL “D” AND SAID WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD, ON A RADIAL LINE, SOUTH 73Ëš 31' 45” WEST 130.79 FEET; THENCE SOUTH 84Ëš 32' 29” WEST 201.87 FEET; THENCE SOUTH 14Ëš 52' 31” EAST 19.56 FEET; THENCE SOUTH 35Ëš 12' 42” EAST 28.32 FEET; THENCE SOUTH 6Ëš 25' 22” EAST 60.64 FEET; THENCE SOUTH 36Ëš 17' 03” EAST 45.28 FEET; THENCE SOUTH 74Ëš 30' 00” WEST 43.00 FEET; THENCE SOUTH 13Ëš 42' 30” EAST 120.00 FEET; THENCE NORTH 76Ëš 17' 30” EAST 131.70 FEET; THENCE SOUTH 27Ëš 50' 37” EAST 126.53 FEET; THENCE SOUTH 32Ëš 37' 53” EAST 131.58 FEET; THENCE SOUTH 18Ëš 49' 45” EAST 34.26 FEET; THENCE SOUTH 71Ëš 10' 15” WEST 33.00 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 55.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 90Ëš 00' 00” A DISTANCE OF 86.39 FEET; THENCE SOUTH 18Ëš 49' 45” EAST 101.77 FEET TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CIRCULAR CURVE WHOSE RADIUS POINT BEARS SOUTH 40Ëš 09' 10” EAST 55.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 21Ëš 19' 25” A DISTANCE OF 20.47 FEET; THENCE NORTH 71Ëš 10' 15” EAST 130.07 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 639.12 FEET; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 17Ëš 00' 00” A DISTANCE OF 189.63 FEET; THENCE NORTH 54Ëš 10' 15” EAST 10.00 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 90Ëš 00' 00” A DISTANCE OF 78.54 FEET TO A POINT, SAID POINT BEING A POINT ON THE EASTERLY LINE OF SAID PARCEL “D” AND THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD; THENCE NORTH 35Ëš 49' 45” WEST ALONG THE EASTERLY LINE OF SAID PARCEL “D” AND THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD, A DISTANCE OF 159.25 FEET TO THE BEGINNING OF A CIRCULAR CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,260.00 FEET; THENCE CONTINUE ALONG THE EASTERLY LINE OF SAID PARCEL “D” AND THE WESTERLY RIGHT-OF-WAY LINE OF PELICAN BAY BOULEVARD NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE THROUGH A CENTRAL ANGLE OF 19Ëš 21' 30” A DISTANCE OF 425.71 FEET TO THE POINT OF BEGINNING
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 “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 (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/Suzanne Miradeo
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 “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, 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.
CHANTECLAIR
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 16-01527C