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INSTR 5421435 OR 5408 PG 1863 E-Recorded 6/23/2017 12:42 PM 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 EMERALD LAKES RESIDENT'S 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 Guardian Property Management, 6704 Lone Oak Blvd., Naples, FL 34109. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Emerald Lakes Resident's Association, Inc. on November 23, 1988, effective November 22, 1988, and the Association was organized for the purpose of operating and administering the community known as Emerald Lakes of Naples, pursuant to the Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1399, Page 1742, pursuant to the Second Amendment to Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1449, Page 1561, and pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 2643, Page 1148, 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 Phyllis Russo, 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 June 21, 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/Robert Powell
Witness #1
Witness Name:
Robert Powell
/s/ Robert Minogue
Witness #2
Robert Minogue
EMERALD LAKES RESIDENT'S ASSOCIATION, INC., a Florida not-for-profit corporation
By: /s/ Claire Goff
Its President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 21 day of June, 2017, by Claire Goff, as President of Emerald Lakes Resident's Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who ___ is personally known to me or who ___ has produced a driver's license as identification.
NOTARY RUBBER STAMP/SEAL
OR EMBOSSED SEAL
/s/ Patricia G. Lynn
Notary Public
Patricia G. Lynn
Printed Name of Notary Public
FF 949905
Commission No
Apr 27, 2020
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 Claire Goff, who, being duly sworn, deposes and states:
1. My name is Claire Goff. 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 Emerald Lakes Resident's 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 Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1399, Page 1742, pursuant to the Second Amendment to Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1449, Page 1561, and pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 2643, Page 1148, 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 June 21, 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.
Claire Goff, as President of Emerald Lakes Resident's Association, Inc.,
a Florida not-for-profit corporation
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this 21 day of June, 2017, by Claire Goff, as President of Emerald Lakes Resident's Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation, who __ is personally known to me or who __ has produced a driver's license as identification.
NOTARY RUBBER STAMP/SEAL
OR EMBOSSED SEAL
/s/ Patricia G. Lynn
Notary Public
Patricia G. Lynn
Printed Name of Notary Public
FF 949905
Commission No
Apr 27, 2020
Expiration Date
EXHIBIT “B”
STATEMENT OF MARKETABLE
TITLE ACTION
EMERALD LAKES RESIDENT'S ASSOCIATION, INC. (“Association”), has taken action to ensure that the Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1399, Page 1742, et seq., of the Public Records of Collier County, Florida, pursuant to the Second Amendment to Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 1449, Page 1561, et. seq. of the Public Records of Collier County, Florida, and pursuant to the Amended and Restated Master Declaration of Covenants, Conditions and Restrictions for Emerald Lakes of Naples recorded at Official Records Book 2643, Page 1148, 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
Lots 1 through 33, Block A; Lots 1 through 6, Block B; Lots 1 through 6, Block C, Emerald Lakes at Bridget Lake Unit One, according to the Plat thereof, recorded in Plat Book 15, Page 45, of the Public Records of Collier County, Florida,
AND
Lots 7 through 42, Block B; Lots 1 through 5, Block D, Emerald Lakes at Bridget Lake Unit Two-A, according to the Plat thereof, recorded in Plat Book 16, Page 42, of the Public Records of Collier County, Florida,
AND
Lots 7 through 50, Block C; Lots 1 through 15, Block E, Emerald Lakes at Bridget Lake Unit Two-B, according to the Plat thereof, recorded in Plat Book 16, Page 47, of the Public Records of Collier County, Florida.
June 30; July 7, 2017 17-01132C