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INSTR # 2017000260890, Doc Type RES, Pages 5, Recorded 12/15/2017 at 11:11 AM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $44.00 Deputy Clerk ERECORD
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Jennifer A. Nichols, Esq.
Roetzel & Andress, L.P.A.
850 Park Shore Drive, 3rd Floor
Naples, FL 34103
(239) 649-6200
The undersigned, being the duly elected President of JONATHAN HARBOUR YACHT 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 14562 Jonathan Harbour Drive, Clubhouse, Fort Myers, FL 33908. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Jonathan Harbour Yacht Association, Inc. on February 15, 1990, and the Association was organized for the purpose of operating and administering the dock facilities known as Jonathan Harbour Yacht Basin, pursuant to the Declaration of Covenants, Conditions, Restrictions of Jonathan Harbour Yacht Basin recorded at Official Records Book 2140, Page 4720, et seq., of the 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 Steven Adler, 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 December 12th, 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/ Angie Arias
Witness #1
Print Name: Angie Arias
/s/ Jennifer Fender
Witness #2
Print Name: Jennifer Fender
JONATHAN HARBOUR YACHT
ASSOCIATION, INC., a Florida
not-for-profit corporation
By: Steven Adler
Its President
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 12th day of December, 2017, by Steven Adler, as President of Jonathan Harbour Yacht Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who is personally known to me.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
(SEAL) Kristy Lynn Hayden
NOTARY PUBLIC
STATE OF FLORIDA
Comm# FF904278
Expires 7/28/2019
/s/ Kristy L. Hayden
Notary Public
Kristy L. Hayden
Printed Name of Notary Public
FF904278
Commission No
07/28/19
Expiration Date
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 Steven Adler, who, being duly sworn, deposes and states:
1. My name is Steven Adler. 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 Jonathan Harbour Yacht 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 Covenants, Conditions and Restrictions of Jonathan Harbour Yacht Basin recorded at Official Records Book 2140, Page 4720, et seq., of the 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 December 12th, 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.
Steven Adler, as President of Jonathan Harbour Yacht Association, Inc., a Florida not-for-profit corporation
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 12th day of December, 2017, by Steven Adler, as President of Jonathan Harbour Yacht Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who is personally known to me.
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
(SEAL) Kristy Lynn Hayden
NOTARY PUBLIC
STATE OF FLORIDA
Comm# FF904278
Expires 7/28/2019
/s/ Kristy L. Hayden
Notary Public
Kristy L. Hayden
Printed Name of Notary Public
FF904278
Commission No
07/28/19
Expiration Date
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
JONATHAN HARBOUR YACHT ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions of Jonathan Harbour Yacht Basin recorded at Official Records Book 2140, Page 4720, et seq., of the 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.
EXHIBIT “C”
DESCRIPTION OF LAND
PLATTED
All that submerged land lying beneath the mean high water line lying within the following described tract or parcel of land.
Commence at the Northeast corner of Palm Drive (the point of beginning as described in the Plat of Connie Mack Island, a subdivision as recorded in Plat Book 9 at page 74 of the Lee County, Florida Public Records): thence North 18°37'00” East, a distance of 50.00 feet; thence North 71°23'00” West, a distance of 123.16 feet; thence North 15°00'00” East, a distance of 94.90 feet; thence North 30°00'00” West, a distance of 180.00 feet; thence North 60°00'00” West, a distance of 350.00 feet; thence North 14°00'00” West, a distance of 480.00 feet; thence North 55°00'00” West, a distance of 285.00 feet; thence North 74°00'00” West a distance of 575.79 feet to the point of beginning ; thence South 74°00'00” East, a distance of 425.33 feet; thence South 10°00'00” West, a distance of 142 feet more or less to the mean high water line; thence Southwesterly, Southeasterly, Westerly, Northerly and Northwesterly along said mean high water line, a distance of 1800 feet more or less to the intersection of a line bearing South 39°57'20” West from the point of beginning and said mean high water line; thence North 39°57'20” East, a distance of 128 feet more or less to the point of beginning.
And the adjoining tracts lying above the mean high water line described as follows: Tracts “M”, “N” and “O” of Jonathan Harbour, Unit 1 as recorded in Plat Book 45 at Pages 1 through 11 of the Public Records of Lee County.
Containing 5 acres more or less.
Subject to any easements, restrictions, reservations, or rights of way of record.
Bearings are based on the Plat Jonathan Harbour, Unit 1 as recorded in Plat Book 45 at Pages 1 through 11 of the Public Records of Lee County, Florida.
December 22, 29, 2017 17-04798L