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This Notice of Preservation of Restrictions for Southfield Subdivision Maintenance and Property Owners' Association, Inc. Under Marketable Record Title Act was recorded in Official Records Instrument No. 2015157714, of the Public Records of Sarasota County, Florida on December 23, 2015 by Kelly M. Fernandez, Esq., Persson & Cohen, P.A., 6853 Energy Ct., Lakewood Ranch, FL 34240.
NOTICE OF PRESERVATION OF RESTRICTIONS
FOR SOUTHFIELD SUBDIVISION MAINTENANCE AND PROPERTY OWNERS' ASSOCIATION, INC. UNDER MARKETABLE RECORD TITLE ACT
Southfield Subdivision Maintenance and Property Owners' Association, Inc. (Association) is a Florida not-for-profit corporation authorized to enforce covenants and restrictions at Southfield Subdivision.
The purpose of this document is to preserve certain covenants and restrictions pursuant to Chapter 712, Florida Statutes. The preservation of the covenants and restrictions was approved by not less than two-thirds of the entire membership of the Board of Directors of the Association at a duly noticed and convened Board meeting held on December 14, 2015.
In support hereof, the Association presents the following information in accordance with Section 712.06, Florida Statutes.
1. The name and address of the Association is Southfield Subdivision Maintenance & Property Owners' Association, Inc., 2477 Stickney Point Road, Suite 118A, Sarasota, Florida 34231.
2. Attached as Exhibit “A” is an Affidavit executed by an authorized officer and board member of the Association affirming that the Board of Directors of the Association caused a Statement of Marketable Title Action to be mailed or hand delivered to the members of the Association.
3. The lands affected by this notice are depicted and legally described in the following plats:
• Southfield Subdivision, Unit 1, as per Plat thereof recorded in Plat Book 31, Pages 34 through 34C, Public Records of Sarasota County, Florida.
• Southfield Subdivision, Unit 2, as per the plat thereof recorded in Plat Book 31, Pages 37 through 37C, Public Records of Sarasota County, Florida.
4. The real property interest claimed under this notice is the right to continue to apply and enforce those certain use restrictions, covenants, easements, conditions, and agreements set forth in the following covenants and restrictions:
• Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 1904, Page 1027 et seq., Public Records of Sarasota County, Florida.
• First Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 1941, Page 156 et seq., Public Records of Sarasota County, Florida.
• Second Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 2002, Page 2948 et seq., Public Records of Sarasota County, Florida.
• Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 1915, Page 1622 et seq., of the Public Records of Sarasota County, Florida.
• First Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 1941, Page 158 et seq., Public Records of Sarasota County, Florida.
• Second Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2002, Page 2950 et seq., Public Records of Sarasota County, Florida.
• Certificate of Amendment for Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 and Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2122, Page 1359 et seq., of the Public Records of Sarasota County, Florida.
• Certificate of Amendment for Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 and Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2237, Page 835 et seq., of the Public Records of Sarasota County, Florida.
Together with the Articles of Incorporation of Southfield Subdivision as record in Official Records Book 1904, Page 1045 et seq. and Official Records Book 1915, Page 1640 et seq., and Bylaws of Southfield Subdivision as recorded in Official Records Book 1904, Page 1053 et seq. and Official Records Book 1915, Page 1648 et seq., as amended in Official Records Book 2093, Page 1847, all of the Public Records of Sarasota County, Florida.
Together with any all further amendments thereto as recorded in the Public Records of Sarasota County, Florida.
WITNESSES:
Print Name: Darlene Cross
Print Name: George Niel
Southfield Subdivision Maintenance and Property Owners' Association, Inc.
By: Neil Tucker, President
Attest: Joseph Rosentahl, Secretary
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this 14th day of December, 2015, by Neil Tucker, as President, and by Joseph Rosentahl, as Secretary, of Southfield Subdivision Maintenance and Property Owners' Association, Inc., a Florida corporation, on behalf of the corporation. They are personally known to me.
Notary Public - State of Florida
Print Name: Darlene Cross
Commission No. FF 060454
My Commission Expires:
November 19, 2017
Bonded Thru Budget Notary Services
EXHIBIT “A”
AFFIDAVIT OF MAILING OR HAND DELIVERING
STATEMENT PERTAINING TO MARKETABLE TITLE ACTION
BEFORE ME, the undersigned authority, personally appeared Joseph Rosentahl, the Secretary and Board member of Southfield Subdivision Maintenance and Property Owners' Association, Inc. (the “Association”) who being by me duly sworn and deposed did swear and affirm as follows:
1. That he is a duly elected board member and Secretary of the Association, has the authority to execute this Affidavit on behalf of the Association, and has personal knowledge of all matters set forth in this Affidavit.
2. That a Notice of Special Meeting of Board of Directors containing the below Statement of Marketable Title Action was provided to every member of the Association by U.S. Mail or hand delivery on November 24, 2015, not less than seven (7) days prior to the Special Meeting.
STATEMENT OF MARKETABLE TITLE ACTION
Southfield Subdivision Maintenance and Property Owners' Association, Inc. (the “Association”) has taken action to ensure that the following documents currently burdening the property of each and every member of the Association, retains its status as the source of marketable title with regard to the transfer of a member's residence.
• Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 1904, Page 1027 et seq., Public Records of Sarasota County, Florida.
• First Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 1941, Page 156 et seq., Public Records of Sarasota County, Florida.
• Second Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 as recorded in Official Records Book 2002, Page 2948 et seq., Public Records of Sarasota County, Florida.
• Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 1915, Page 1622 et seq., of the Public Records of Sarasota County, Florida.
• First Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 1941, Page 158 et seq., Public Records of Sarasota County, Florida.
• Second Amendment to Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2002, Page 2950 et seq., Public Records of Sarasota County, Florida.
• Certificate of Amendment for Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 and Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2122, Page 1359 et seq., of the Public Records of Sarasota County, Florida.
• Certificate of Amendment for Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 1 and Declaration of Maintenance Covenants and Restrictions of Southfield Subdivision Unit 2 as recorded in Official Records Book 2237, Page 835 et seq., of the Public Records of Sarasota County, Florida.
• Articles of Incorporation of Southfield Subdivision as record in Official Records Book 1904, Page 1045 et seq. and Official Records Book 1915, Page 1640 et seq., of the Public Records of Sarasota County, Florida.
• Bylaws of Southfield Subdivision as recorded in Official Records Book 1904, Page 1053 et seq. and Official Records Book 1915, Page 1648 et seq., as amended in Official Records Book 2093, Page 1847, of the Public Records of Sarasota County, Florida.
To this end, the Association shall cause the notice required by Chapter 712, Florida Statutes, to be recorded in the public records of Sarasota 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.
Further Affiant sayeth not.
Dated this 14th day of December, 2015.
Southfield Subdivision Maintenance and Property Owners' Association, Inc.
By: Joseph Rosentahl, Secretary and Board member
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this 14th day of December, 2015, by Joseph Rosentahl, as Secretary and a Board member of Southfield Subdivision Maintenance and Property Owners' Association, Inc., on behalf of the corporation. He is personally known to me.
Notary Public - State of Florida
Print Name: Darlene Cross
Commission No. FF 060454
My Commission Expires:
November 19, 2017
Bonded Thru Budget Notary Services
January 15, 22, 2016 16-00110S