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INSTR # 2017000256647, Doc Type RES , Pages 13, Recorded 12/11/2017 at 03:20 PM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $112.00 Deputy Clerk ERECORD
NOTICE OF PRESERVATION OF THE DECLARATION OF MASTER COVENANTS, CONDITIONS AND RESTRICTIONS OF OLD PELICAN BAY HOMEOWNERS
ASSOCIATION
RETURN TO:
DIANE M. SIMONS, ESQ.
ATTORNEY AT LAW
SIMONS LAW GROUP, PLLC
1314 CAPE CORAL PARKWAY E.
SUITE 209
CAPE CORAL, FL 33904
Tel: 844-800-3649
WHEREAS, Old Pelican Bay Homeowners Association Inc., a Florida corporation not-for-profit, (the “Association”), whose mailing address is c/o American Condominium Management, Inc., 4223 Del Prado Boulevard, Cape Coral, FL 33904, was created by the Developer, Old Pelican Bay, Inc., a Florida corporation, to operate and enforce the Declaration of Covenants, Conditions and Restrictions of Old Pelican Bay Homeowners Association; and
WHEREAS, pursuant to Chapter 712 of the Florida Statutes, entitled “Marketable Record Title Act,” the Board of Directors desires to preserve these restrictions.
NOW THEREORE, the Association by and through its undersigned Officers executes this Notice of Preservation of the Declaration of Covenants, Conditions and Restrictions of Old Pelican Bay Homeowners Association, as recorded in the Official Records Book 1958, Page 0343, et seq., Public Records of Lee County, Florida, on December 10, 1987; Amendment to Declaration of Covenants, Conditions and Restrictions of Old Pelican Bay Homeowners Association and Amendment to Deed of Restrictions of Old Pelican Bay Subdivision, as recorded in the Official Records Book 2191, Page 2067, et seq., Public Records of Lee County, Florida, on December 10, 1990; Certificate of Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions of Old Pelican Bay Homeowner's Association, as recorded in the Official Records Book 2678, Page 2898 et seq., Public Records of Lee County, Florida, on February 21, 1996; Certificate of Amendment and Restatement of Declaration of Covenants, Conditions and Restrictions of Old Pelican Bay Homeownews Association (sic), as recorded in the Official Records Book 3237, Page 4434, et seq., Public Records of Lee County, Florida, on March 31, 2000; (the “Declaration of Restrictions”), and as may have been subsequently amended.
1. This Notice is being filed by Old Pelican Bay Homeowners Association, Inc., the extension and preservation of the Declaration of Restrictions having been approved by at least the two-thirds (2/3) vote of the Board of Directors at a meeting of which the members of the Association were informed in accordance with Section 712.06, Florida Statutes. Said meeting was held on December 9, 2017. An affidavit executed by Theodore Schindler, the President of Old Pelican Bay Homeowners Association, Inc., attesting that Notice of the Board of Directors meeting was mailed or hand delivered to members of the Association not less than seven (7) days prior to such meeting, along with a copy said Notice, is attached hereto as Exhibit “A”.
2. The name and Post Office address of the Association is as follows:
Old Pelican Bay Homeowners Association, Inc.
C/o American Condominium Management Association, Inc.
4223 Del Prado Boulevard
Cape Coral, FL 33904
3. The description of all lands affected by this Notice is as follows:
See Exhibit “B” attached hereto.
4. The Declaration of Restrictions and all subsequent amendments thereto, which are intended to be preserved and extended by and through this Notice, are identified and described in accordance with Section 712.06(1)(e), Florida Statutes, on Exhibit “C” attached hereto.
IN WITNESS WHEREOF, this Notice has been executed this 9th day of December, 2017.
OLD PELICAN BAY HOMEOWNERS ASSOCIATION, INC.
Sign: /s/ T R Schindler II
Print: T R Schindler II
Title: Pres
Sign: June Hayes
Print: June Hayes
Title: Treasurer
WITNESS:
Sign: /s/ Rebecca L Chapman
Print: Rebecca L Chapman
WITNESS:
Sign: Ronald Blaszczyaski
Print: Ronald Blaszczyaski
STATE OF FLORIDA
COUNTY OF LEE
THE FOREGOING INSTRUMENT was acknowledged before me this 9th day of December, 2017, by Theodore Schindler, as President of Old Pelican Bay Homeowners Association, Inc., who is personally known to me.
(Notary Seal/Stamp)
Notary Public- State of Florida
Sign: /s/ Rebecca Chapman
Print: Rebecca Chapman
My Commission Expires: Sept 19, 2021
WITNESS:
THE FOREGOING INSTRUMENT was acknowledged before me this 9th day of December, 2017, by June Hayes, as Treasurer of Old Pelican Bay Homeowners Association, Inc., who is personally known to me.
(Notary Seal/Stamp)
Notary Public- State of Florida
Sign: /s/ Rebecca Chapman
Print: Rebecca Chapman
My Commission Expires: Sept 19, 2021
December 22, 29, 2017 17-04799L