-
-
Loading
Loading
INSTR 5386843 OR 5378 PG 3603 Recorded 4/4/2017 9:26 AM PAGES 5
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY, FLORIDA
REC $44.00
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 BERKSHIRE VILLAGE VILLAS 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 c/o Resort Management, 2685 Horseshoe Drive South, #215, Naples, FL 34104. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Berkshire Village Villas Homeowners Association, Inc. on May 12, 1987, and the Association was organized for the purpose of operating and administering the community known as Berkshire Village Villas, pursuant to the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Berkshire Village Villas recorded at Official Records Book 1281, Page 418, et seq., of the 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 Kathleen Weiss, 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 23, 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/Carey Lynn Komorwy
Witness Name:
Carey Lynn Komorwy
/s/ Brad Pusey Jr
Brad Pusey Jr
BERKSHIRE VILLAGE VILLAS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation
By: /s/ Kathleen Weiss
Its President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 24th day of March, 2017, by Kathleen Weiss, as President of Berkshire Village Villas Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who has produced a driver's license as identification.
[NOTARY STAMP/SEAL]
NOTARY PUBLIC
/s/ Deniece Louise Spauling
Notary Public
Deniece Louise Spauling
Printed Name of Notary Public
FF106594
Commission No
3/25/2018
Expiration
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 Kathleen Weiss, who, being duly sworn, deposes and states:
1. My name is Kathleen Weiss. 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 Berkshire Village Villas 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, Restrictions and Easements for Berkshire Village Villas recorded at Official Records Book 1281, Page 418, et seq., of the 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 23, 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.
Kathleen Weiss, as President of
Berkshire Village Villas
Homeowners Association, Inc.,
a Florida not-for-profit corporation
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 24th day of March, 2017, by Kathleen Weiss, as President of Berkshire Village Villas Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who has produced a driver's license as identification.
[NOTARY STAMP/SEAL]
NOTARY PUBLIC
/s/ Deniece Louise Spauling
Notary Public
Deniece Louise Spauling
Printed Name of Notary Public
FF106594
Commission No
3/25/2018
Expiration
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
BERKSHIRE VILLAGE VILLAS HOMEOWNERS ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Protective Covenants, Conditions, Restrictions and Easements for Berkshire Village Villas recorded at Official Records Book 1281, Page 418, et seq., of the 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.
EXHIBIT “C”
DESCRIPTION OF LAND PLATTED
Block B, Berkshire Village, per Plat in Plat Book 14, Pages 48 and 49, Collier County, Florida.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Block C, Berkshire Village, according to plat recorded in Plat Book 14, pages 48 and 49, of the Public Records of Collier County, Florida.
That portion of Outparcel B which is more particularly described as follows:
All that part of Outparcel “B” of Berkshire Village at Berkshire Lakes according to the plat thereof as recorded in Plat Book 14, Pages 49-50, of the Public Records of Collier County, Florida being more particularly described as follows:
BEGINNING at the southeast corner of said Outparcel “B”; thence along the south line of said Outparcel “B”, northwesterly 155.02 feet along the arc of a circular curve concave to the northeast having a radius of 5,567.58 feet through a central angle of 1°35'43” and being subtended by a chord which bears North 74°20'33” West 155.01 feet; thence leaving said line, North 15°00'00” East 241.27 feet to the north line of said Outparcel “B”; thence along said north line, South 77°48'00” East 155.19 feet to the northeast corner of said Outparcel “B”; thence along the east line of said Outparcel “B”, South 15°00'00” West 250.63 feet to the POINT OF BEGINNING of the recreation parcel herein described; subject to easements and restrictions of record; bearings based on Plat Book 14, pages 49-50, containing 0.88 acres more or less.
That portion of Outparcel B which is more particularly described as follows:
A parcel for the exclusive purpose of Postal Mailbox Facilities described as follows:
BEGINNING at the westerlymost corner of said Parcel “B-1” of Berkshire Village at Berkshire Lakes according to the plat thereof as recorded in Plat Book 14, Pages 48-49, of the Public Records of Collier County, Florida; thence along the west line of said Parcel “B-1” North 29°45'19” East 10.00 feet; thence leaving said west line, southeasterly 25.00 feet along the arc of a non-tangential circular curve concave to the southwest having a radius of 247.00 feet through a central angle of 5°47'57” and being subtended by a chord which bears South 57°20'43” East 24.99 feet; thence South 35°33'16” West 10.00 feet to the boundary of said Parcel “B-1”; thence along said boundary, northwesterly 23.99 feet along the arc of a non-tangential circular curve concave to the southwest having a radius of 237.00 feet through a central angle of 5°47'57” and being subtended by a chord which bears North 57°'20'43” West 23.98 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record; bearings based on Plat Book 14, Pages 48-49, containing 245 square feet more or less.
April 21, 28, 2017 17-00671C