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NOTICE AND CLAIM
PURSUANT TO SECTIONS 712.05 AND 712.06, FLA STAT.
THIS NOTICE AND CLAIM PURSUANT TO SECTIONS 712.05 AND 712.06, FLA STAT. (hereinafter, the “Notice”) is made this 6 day of October, 2016, by Meadow Oaks Master Association, Inc., a Florida corporation not for profit.
RECITALS
WHEREAS, that certain development located in Pasco County, Florida that is, as further set forth herein, subject to the Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., as amended from time to time, all of which comprise the Community commonly known as Meadow Oaks, which consists of the subdivisions shown on Exhibit A of the Master Declaration, as recorded in the public records of Pasco County, Florida; and
WHEREAS, Meadow Oaks Master Association, Inc., a Florida corporation not for profit, is the homeowners' association identified in that certain Master Declaration for Meadow Oaks, as recorded in the public records of Pasco County, Florida, as set forth above, and as amended from time to time, with respect to the lands and real property described herein above and herein below, as further set forth herein; and
WHEREAS, Meadow Oaks Master Association, Inc., a Florida corporation not for profit, desires to preserve the Master Declaration for Meadow Oaks, described above, with respect to the lands and real property described herein above and herein below pursuant to Sections 712.05 and 712.06, Florida Statutes as further set forth herein;
NOW THEREFORE, Meadow Oaks Master Association, Inc., a Florida corporation not for profit, declares and provides notice that every portion of the lands and real property described herein above and herein below shall remain subject to the Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., of the public records of Pasco County, Florida; pursuant to the provisions of Sections 712.05 and 712.06, Florida Statutes as hereinafter set forth below by the recording of this instrument and by compliance with the provisions of Sections 712.05 and 712.06, Florida Statutes as further set forth herein.
1. General Provisions. The foregoing Recitals are true and correct and are incorporated into and form a part of this Notice.
2. Name and Address. The name of the homeowners' association desiring to preserve the covenants and/or restrictions described herein above and herein below is Meadow Oaks Master Association, Inc., a Florida corporation not for profit, and the address of Meadow Oaks Master Association, Inc. is 13100 Fairwinds Road, Hudson, FL 34669.
3. Affidavit. An affidavit executed by an appropriate member of the board of directors of Meadow Oaks Master Association, Inc., affirming that the board of directors of Meadow Oaks Master Association, Inc., caused a Statement of Marketable Title Action substantially in the form set out in Section 712.06(1)(b), Fla. Stat. to be mailed or hand delivered to the members of Meadow Oaks Master Association, Inc. is attached to this instrument as Exhibit “A”, is incorporated herein by this reference, and is intended to satisfy the requirements of Section 712.06(1)(b), Fla. Stat.
4. Legal Description. A full and complete description of all lands and real property affected by this Notice is attached to this instrument as Exhibit “B” and is incorporated herein by this reference.
5. Affected Instruments of Record. The nature, description, and extent of the claim described by, and the instruments of record and/or recorded covenants or restrictions affected by, this Notice, which is intended to satisfy the requirements of Sections 712.06(1)(d)-(e), Fla. Stat., is/are as follows:
Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., of the public records of Pasco County, Florida
IN WITNESS WHEREOF, Meadow Oaks Master Association, Inc., a Florida corporation not for profit, has executed this Notice on the date set forth above.
Signed, sealed and delivered in the presence of:
Carolyn S. Carter
(Signature of Witness)
Carolyn S. Carter
(Print Name of Witness)
Harriet Athanassie
(Signature of Witness)
HARRIET ATHANASSIE
(Print Name of Witness)
MEADOW OAKS MASTER ASSOCIATION, INC., a Florida corporation not for profit
By: Greg Messer
Print Name: GREG MESSER
Its: President
(CORPORATE SEAL)
Signed, sealed and delivered in the presence of:
Carolyn S. Carter
(Signature of Witness)
Carolyn S. Carter
(Print Name of Witness)
Harriet Athanassie
(Signature of Witness)
HARRIET ATHANASSIE
(Print Name of Witness)
ATTEST:
By: Al Trudeau
Print Name: AL TRUDEAU
as Secretary of Meadow Oaks Master Association, Inc., a Florida corporation not for profit
STATE OF FLORIDA
COUNTY OF PASCO
Sworn to and subscribed before me this 6 day of October, 2016, by GREG MESSER and AL TRUDEAU, as President and Secretary, respectively, of MEADOW OAKS MASTER ASSOCIATION, INC., a Florida corporation not for profit, on behalf of the corporation. who () are personally known to me or (x) have produced a FL Driver's License as identification.
Deborah J. Shamley
Print Name: DEBORAH J. SHAMLEY
Notary Public State of Florida
My Commission Expires:
Deborah J. Shamley
Notary Public, State of Florida
Commission No. FF 939622
My Commission Expires: 11/30/19
EXHIBIT A
AFFIDAVIT PURSUANT TO
SECTION 712.06(1)(b), FLA. STAT.
BEFORE ME, the undersigned authority, personally appeared, who, after being duly sworn, deposes and states as follows:
1. That I am familiar with and have personal knowledge of the matters stated in this Affidavit Pursuant to Section 712.06(1)(b), Fla. Stat.
2. I am currently a director of Meadow Oaks Master Association, Inc., a Florida corporation not for profit, and hold the office of President of the Meadow Oaks Master Association, Inc. Board of Directors.
3. On or about December 10, 2015, Meadow Oaks Master Association, Inc., a Florida corporation not for profit, caused a “Statement of Marketable Title Action” form substantially conforming to the form and requirements provided in Section 712.06(1)(b), Fla. Stat. in relation to that certain Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., as amended from time to time, all of which comprise the Community commonly known as Meadow Oaks, which consists of the subdivisions shown on Exhibit A of the Master Declaration, as recorded in the public records of Pasco County, Florida; to be mailed to all of the members of Meadow Oaks Master Association, Inc.
4. On October 6, 2016, a meeting of the board of directors of Meadow Oaks Master Association, Inc., a Florida corporation not for profit, was held after not less than seven (7) days notice was provided by mail or by hand delivery to each of the members of Meadow Oaks Master Association, Inc. a Florida corporation not for profit, which notice contained a “Statement of Marketable Title Action” form substantially conforming to the form and requirements provided in Section 712.06(1)(b), Fla. Stat. in relation to the Declarations and Supplements to Declarations referenced and set forth above.
5. At the meeting of the board of directors of Meadow Oaks Master Association, Inc., a Florida corporation not for profit, held on October 6, 2016 more than two-thirds (2/3) of the entire board of directors of Meadow Oaks Master Association, Inc., a Florida corporation not for profit, approved of: (i) preserving that certain Master Declaration for Meadow Oaks referenced and set forth above, as recorded in the public records of Pasco County, Florida, as may be amended from time to time; (ii) the recording of a notice and claim in the public records of Hillsborough County, Florida conforming with the requirements of Sections 712.05 and 712.06, Fla. Stat. in order to preserve that certain Master Declaration for Meadow Oaks referenced and set forth above, all recorded in the public records of Pasco County, Florida, as may be amended from time to time; and (iii) taking such other action(s) as may be required under Sections 712.05 and 712.06, Fla. Stat. to preserve that certain Declaration of Covenants and Restrictions for Woodfield, and the Supplemental Declarations referenced and set forth above.
FURTHER AFFIANT SAYETH NOT.
Greg Messer
As President
STATE OF FLORIDA
COUNTY OF Pasco
Sworn to and subscribed before me this 6 day of October, 2016, by Greg Messer, who () is personally known to me or (x) has produced a FL Driver's License as identification.
Deborah J. Shamley
Print Name: DEBORAH J. SHAMLEY
Notary Public State of Florida
My Commission Expires:
Deborah J. Shamley
Notary Public, State of Florida
Commission No. FF 939622
My Commission Expires: 11/30/19
EXHIBIT B
Full and complete description of all lands and real property affected by the Notice and Claim Pursuant to Sections 712.05 and 712.06, Fla. Stat.
That certain development located in Pasco County, Florida that is, as further set forth herein, subject to the Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., as amended from time to time, all of which comprise the Community commonly known as Meadow Oaks, which consists of the subdivisions shown on Exhibit A of the Master Declaration, as recorded in the public records of Pasco County, Florida.
Exhibit “B”
STATEMENT OF MARKETABLE TITLE ACTION
Meadow Oaks Master Association, Inc., a Florida corporation not for profit (the “Association”) is taking action to ensure that the Master Declaration for Meadow Oaks, recorded in Official Records Book 1544, Page 0258, et seq., as amended from time to time, all of which comprise the Community commonly known as Meadow Oaks, which consists of the subdivisions shown on Exhibit A of the Master Declaration, as recorded in the public records of Pasco County, Florida; and as may be amended from time to time, 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 Pasco County, Florida. Copies of this notice and its attachments are or will be available through the Association pursuant to the Association's governing documents regarding Official Records of the Association.
October 21, 28, 2016 16-02999P