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INSTR# 2016000091141, Doc Type RES, Pages 5, Recorded 04/28/2016 at 04:45 PM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $44.00 Deputy Clerk EREOCRD
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Sean M. Ellis, Esquire
Roetzel & Andress, LPA
2320 First Street # 1000
Fort Myers, FL 33901
Phone No. (239) 337-3850
The undersigned, being the duly elected President of THE PRESERVE IN BONITA HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as the “Association”), does hereby file this Notice of Preservation of Covenants on behalf of said entity and in support thereof states as follows:
1. The Association's mailing address is P.O. Box 366874, Bonita Springs, FL 34136. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name The Preserve in Bonita Homeowners Association, Inc. on November 26, 1991, and the Association was organized for the purpose of operating and administering the community known as The Preserve in Bonita Homeowners Association, Inc., pursuant to the Declaration of Protective Covenants, Conditions, Easements and Restrictions for The Preserve in Bonita Homeowners Association, Inc., recorded at Official Records Book 2275, Page 4558, et seq., Public Records of Lee County, Florida, as amended and/or restated from time to time (“Declaration”).
2. The Association has mailed a Statement of Marketable Title Action as required by Section 712.06(1)(a), Florida Statutes to all members of the Association. Attached hereto and made a part hereof as Exhibit “A” is an Affidavit executed by Mike Mortg, President 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 and made a part hereof as Exhibit “B” 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, by at least two-thirds of the members of the Board of Directors of the Association at its meeting held on April 13, 2016, pursuant to Section 712.05(1)(c), Florida Statutes.
4. The real property affected by this Notice is legally described in Exhibit “C” 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
IN WITNESS WHEREOF, the undersigned has executed this instrument on the day and year set forth below.
Witnesses: /s/Mary M. Stirns
Witness Name: Mary M. Stirns
/s/ Randall Hartline
Witness Name: Randall Hartline
THE PRESERVE IN BONITA HOMEOWNERS ASSOCIATION, INC.
(SEAL)
By: /s/ Michael L. Mort
Mike Mort
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 13 day of April, 2016, by Mike Mort, as President of The Preserve in Bonita Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is [__X__] personally known to me OR [_____] produced as identification.
[NOTARY STAMP/SEAL]
NOTARY PUBLIC/s/ Deniece Louise Spaulding
Print Name: Deniece Louise Spaulding
My commission expires:3/25/2018
AFFIDAVIT PURSUANT TO SECTION 712.06(1)(B), FLORIDA STATUTES
BEFORE ME, the undersigned authority, on the day and year set forth below, personally appeared Mike Mort, who, being duly sworn, deposes and states:
1. My name is Mike Mort. I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. Affiant states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given.
2. I am the President of The Preserve in Bonita Homeowners Association, Inc., a Florida not-for-profit corporation (“Association”).
3. This Affidavit is made pursuant to the requirements of Section 712.06(1)(b), Florida Statutes and relates to the preservation by the Association of the Declaration of Protective Covenants, Conditions, Easements and Restrictions for The Preserve in Bonita Homeowners Association, Inc., recorded at Official Records Book 2275, Page 4558, et seq., Public Records of Lee County, Florida, as amended and/or restated from time to time (“Declaration”).
4. The Board of Directors of the Association caused the Statement of Marketable Title Action attached to the foregoing Notice of Preservation of Covenants 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 (the owners of the real property described in Exhibit “C” to the foregoing Notice of Preservation of Covenants) not less than seven (7) days prior to the meeting of the Board of Directors held on April 13, 2016, at which time at least two-thirds of the members of the Board of Directors approved the preservation of the Declaration and adopted the Statement of Marketable Title Action.
FURTHER AFFIANT SAYETH NAUGHT.
THE PRESERVE IN BONITA HOMEOWNERS ASSOCIATION, INC.
(SEAL)
By: /s/ Michael L. Mort
Mike Mort, is President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 13 day of April, 2016, by Mike Mort, as President of The Preserve in Bonita Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is [__X__] personally known to me OR [_____] produced as identification.
[NOTARY STAMP/SEAL]
NOTARY PUBLIC/s/ Deniece Louise Spaulding
Print Name: Deniece Louise Spaulding
My commission expires:3/25/2018
EXHIBIT B
STATEMENT OF MARKETABLE TITLE ACTION
THE PRESERVE IN BONITA HOMEOWNERS ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Protective Covenants, Conditions, Easements and Restrictions for The Preserve in Bonita Homeowners Association, Inc., recorded at Official Records Book 2275, Page 4558, et seq., Public Records of Lee County, Florida, as amended and/or restated from time to time (“Declaration”), 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. To this end, the Association shall cause the notice required by Chapter 712, Florida Statutes, to be recorded in the Public Records of Lee 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.
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 47 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA THAT INCLUDES THOSE PORTIONS OF LOTS 10 AND 11 OF “BONITA FARMS”, A SUBDIVISION RECORDED IN PLAT BOOK 3 PAGE 27 AT THE OFFICE OF PUBLIC RECORD. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 10; THEN SOUTH 00° 07' 04” EAST A DISTANCE OF 15.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LONGFELLOW ROAD (A 30 FOOT ROADWAY) AND BEING THE POINT OF BEGINNING; THENCE SOUTH 89° 42' 51” EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 640.48 FEET TO THE WEST RIGHT-OF-WAY LINE OF IMPERIAL STREET (A 50 FOOT ROADWAY); THENCE SOUTH 00° 02' 30” EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1318.94 FEET; THENCE NORTH 89° 42' 37” WEST ALONG A LINE THAT IS 15.00 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 11 A DISTANCE OF 435.50 FEET; THENCE SOUTH 22° 01' 52” WEST 370 FEET MORE OR LESS TO THE WATERS OF THE IMPERIAL RIVER; THENCE WESTERLY AND NORTHERLY ALONG THE IMPERIAL RIVER TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF SAID LOTS 10 AND 11; THENCE NORTH 00° 07' 04” WEST 1615 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 20.2 ACRES MORE OR LESS.
July 8, 15, 2016 16-01660L