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INSTR 5381269 OR 5374 PG 1332 Recorded 3/22/2017 9:08 AM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY, FLORIDA
REC $52.50
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Jennifer A. Nichols, Esquire
Roetzel & Andress, LPA
850 Park Shore Drive, 3rd Floor
Naples, FL 34103
Phone No. (239) 649-6200
The undersigned, being the duly elected President of THE COMMUNITY ASSOCIATION FOR MILL RUN, COLLIER COUNTY, 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 c/o Ability Management, 6736 Lone Oak Blvd., Naples, Florida 34109. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name The Community Association for Mill Run, Collier County, Inc. on September 22, 1988, and the Association was organized for the purpose of operating and administering the community known as The Community Association for Mill Run, Collier County, Inc., pursuant to the Declaration of Charter, Easements, Covenants and Restrictions for Mill Run recorded at Official Records Book 1391, Page 660, et seq., Public Records of Collier County, Florida and re-recorded at Official Records Book 1396, Page 1635, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Charter, Easements, Covenants and Restrictions for The Community Association for Mill Run, Collier County, Inc. recorded at Official Records Book 5344, Page 3235, et seq. Public Records of Collier 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 Michael Hackleman, 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 March 13, 2017, 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/Stephanie Fox
Witness Name: Stephanie Fox
/s/ Paige Porio
Witness Name: Paige Porio
THE COMMUNITY ASSOCIATION FOR MILL RUN, COLLIER COUNTY, INC (SEAL)
By: /s/ Michael Hackleman
Its: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 14th day of March, 2017, by Michael Hackleman, as President of The Community Association for Mill Run, Collier County, 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/ Darlene Graham
Print Name: Darlene Graham
My commission expires: 8-10-2019
EXHIBIT “A”
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 Michael Hackleman, who, being duly sworn, deposes and states:
1. My name is Michael Hackleman. 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 Community Association for Mill Run, Collier County, 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 Charter, Easements, Covenants and Restrictions for Mill Run recorded at Official Records Book 1391, Page 660, et seq., Public Records of Collier County, Florida and re-recorded at Official Records Book 1396, Page 1635, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Charter, Easements, Covenants and Restrictions for The Community Association for Mill Run, Collier County, Inc. recorded at Official Records Book 5344, Page 3235, et seq. Public Records of Collier 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 March 13, 2017, 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 COMMUNITY ASSOCIATION FOR MILL RUN, COLLIER COUNTY, INC. (SEAL)
By: /s/ Michael Hackleman
Its: President
STATE OF FLORIDA
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 14th day of March, 2017, by Michael Hackleman, as President of The Community Association for Mill Run, Collier County, 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/ Darlene Graham
Print Name: Darlene Graham
My commission expires: 8-10-2019
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
THE PRESERVE IN BONITA HOMEOWNERS ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration Charter, Easements, Covenants and Restrictions for Mill Run recorded at Official Records Book 1391, Page 660, et seq., Public Records of Collier County, Florida and re-recorded at Official Records Book 1396, Page 1635, et seq., Public Records of Collier County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of Charter, Easements, Covenants and Restrictions for The Community Association for Mill Run, Collier County, Inc. recorded at Official Records Book 5344, Page 3235, et seq. Public Records of Collier 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 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.
DESCRIPTION OF LAND PLATTED
ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 2; THENCE ALONG THE WEST LINE OF SAID SECTION 2, SOUTH 0°-54'-33” WEST 50.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 89°-58'-26” EAST 400.00 FEET; THENCE NORTH 0°-54'-33” WEST 50.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE ALONG SAID NORTH LINE NORTH 89°-58'-26” EAST 458.01 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 87°-45'-00” EAST 101.46 FEET; THENCE EASTERLY AND SOUTHEASTERLY 632.86 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 784.00 FEET THROUGH A CENTRAL ANGLE OF 46°-15'-00” AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°-37'-30” EAST 615.81 FEET; THENCE SOUTH 41°-30'-00” EAST 277.33 FEET;
THENCE SOUTHEASTERLY AND EASTERLY 596.44 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 700.00 FEET, THROUGH A CENTRAL ANGLE OF 48°-49'-10” AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 65°-54'-35” EAST 578.56 FEET; THENCE NORTH 89°-40'-50” EAST 468.86 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 SOUTH 1°-35'-35” EAST 84.02 FEET TO A POINT ON THE BOUNDARY OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 688, PAGE 1324, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE LEAVING SAID EAST LINE AND ALONG SAID LANDS IN THE FOLLOWING THREE (3) DESCRIBED COURSES:
1) SOUTH 89°-40'-50” WEST 470.73 FEET;
2) SOUTH 1°-35'-35” EAST 796.90 FEET;
3) NORTH 89°-40'-50” EAST 470.73 FEET TO A POINT ON SAID EAST LINE OF THE SOUTHWEST 1/4; THENCE LEAVING SAID LANDS DESCRIBED IN O.R. BOOK 688, PAGE 1324, ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 SOUTH 1°-35'-35” EAST 1593.21 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, SOUTH 89°-26'-05” WEST 2095.58 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 0°-00'-00” EAST 1851.42 FEET; THENCE NORTH 45°-00'-00” WEST 293.94 FEET; THENCE NORTHEASTERLY 217.63 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE 10 THE SOUTHEAST, HAVING A RADIUS OF 373.83 FEET THROUGH A CENTRAL ANGLE OF 33°-21'-20” AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 61°-40'-40” EAST 214.57 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE, NORTH 6°-00'-00” EAST 137.59 FEET; THENCE NORTH 19°-35'-16” EAST 867.36 FEET; THENCE NORTH 87°-45'-00” WEST 956.04 FEET TO A POINT ON SAID WEST LINE OF SAID SECTION 2 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING A PART OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 122.47 ACRES MORE OR LESS.
EXHIBIT “C”
April 7, 14, 2017 17-00614C