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Note: This has been recorded in OR Book 10277, Page 120, et. seq., Public Records of Polk County, Florida.
NOTICE TO PRESERVE THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LITTLE LAKE ESTATES
This Notice to Preserve the Declaration of Covenants, Conditions and Restrictions for Little Lake Estates is given on the date below written by the Little Lake Estates Homeowners' Association, Inc. (hereinafter called the “Association”).
Whereas, the Declaration of Covenants, Conditions and Restrictions for Little Lake Estates was executed on March 1, 1988, and recorded in O.R. Book 2619, Page 1782, of the Public Records of Polk County, Florida (herein referred to as “Declaration”).
Whereas, pursuant to Section 712.05, Florida Statutes, the Association desires to preserve and protect the Declaration from extinguishment by the operation of Chapter 712, Florida Statutes.
Now, Therefore, the Association gives notice of the following:
1. The recitals set forth above are true and correct. 2. As set forth in the Affidavit attached hereto, the Association has complied with the requirements of Section 712.05, Florida Statutes. 3. A full and complete description of all land affected by this notice is attached as composite exhibit “A”.
IN WITNESS WHEREOF, this Notice has been executed by the Association this 3rd day of October, 2017.
Little Lake Estates Homeowners' Association, Inc., Address: 500 Little Lake Court, Winter Haven, FL 33884.
/s/ Larry Ferguson, President and Director
STATE OF FLORIDA COUNTY OF POLK
The foregoing instrument was acknowledged, sworn to and subscribed before me this 3rd day of October, 2017 A.D. by Larry Ferguson, President and Director, Little Lake Estates Homeowners' Association, Inc., who is personally known to me or produced ___ as identification.
/s/ Christopher Desrochers Notary Public Comm. #GG069671 Expires February 13, 2021.
This instrument prepared by : Christopher A. Desrochers, Christopher A. Desrochers, P.L., 2504 Ave. G NW, Winter Haven, FL 33880. (863) 299-8309.
[Composite Exhibit “A”] [Legal Description follows below.]
Composite Exhibit “A” (Continued)
Description of Real Property Subject to Notice
Any and all lands described in the Plat of Little Lake Estates, as shown by map or plat thereof, recorded in Plat Book 81, Page 3, Public Records of Polk County, Florida.
This includes, but is not limited to, any and all lands, and interests thereof, as described in the attached Exhibits “A” through “C”, inclusive, which also bear recording marks as being recorded in OR Book 2619, Pages 1797 through 1799, inclusive, Public Records of Polk County, Florida.
EXHIBIT “A”
Lots 1-30, inclusive, of LITTLE LAKE ESTATES according to the plat thereof recorded in Plat Book 81, page 3, public records of Polk County, Florida.
EXHIBIT “B”
Those two separate areas of land designated “Retention Areas” on the plat of LITTLE LAKE ESTATES, recorded in Plat Book 81, page 3, public records of Polk County, Florida.
AND
That certain parcel of land described as:
Starting at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 15, Township 29 South, Range 26 East, Polk County, Florida, run thence South 88 degrees 07'52” West, a distance of 662.27 feet for the Point of Beginning; run thence South 53 degrees 58'38” West a distance of 53.90 feet; run thence North 60 degrees 27'20” West, a distance of 44 feet, more or less, to the waters of Little Lake Eloise; run thence Northeasterly, along said waters, a distance of 9.0 feet, more or less, to their intersection with the North boundary of said Section 15; run thence North 88 degrees 07'52” East, along said North boundary of Section 15, a distance of 76.0 feet, more or less, to the said Point of Beginning. Subject to easements and/or rights-of-way as of record and/or in use.
EXHIBIT “C”
An easement for ingress and egress over and across the following described property:
Starting at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 15, Township 29 South, Range 26 East, Polk County, Florida, run thence South 88 degrees 07'52” West, a distance of 662.27 feet for the Point of Beginning; run thence South 53 degrees 58'38” West a distance of 53.90 feet; run thence North 60 degrees 27'20” West, a distance of 44 feet, more or less, to the waters of Little Lake Eloise; run thence Northeasterly, along said waters, a distance of 9.0 feet, more or less, to their intersection with the North boundary of said Section 15; run thence North 88 degrees 07'52” East, along said North boundary of Section 15, a distance of 76.0 feet, more or less, to the said Point of Beginning. Subject to easements and /or rights-of-way as of record and/or in use.
AFFIDAVIT
Before me, the undersigned authority, personally appeared Larry Ferguson, who being by me first duly sworn, on oath, deposes and says:
1. I am a duly elected member of the Board of Directors of Little Lake Estates Homeowners' Association, Inc. (hereinafter called the “Association”).
2. The Board of Directors sent each member of the Association by mail or hand delivery a notice of a Board of Directors meeting to be held to approve the preservation of the Declaration of Covenants, Conditions and Restrictions for Little Lake Estates as recorded on O.R. Book 2619, Page 1782, Public Records of Polk County, Florida (hereinafter called the “Declaration”)
3. The notice of meeting contained the meeting time and date and was sent or delivered not less than seven (7) days prior to such meeting. The notice of meeting also contained the following statement:
STATEMENT OF MARKETABLE TITLE ACTION
The Little Lake Estates Homeowners' Association, Inc. (the “Association”) has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Little Lake Estates recorded in Official Records Book 2619, Page 1782, Public Records of Polk County, Florida, as may be amended from time to time, 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 members' residence. To this end, the Association shall cause the notice required by Chapter 712, Florida Statutes, to be recorded in the public records of Polk 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.
4. At the meeting of the Board of Directors held pursuant to the notice described in Paragraph 3, a quorum in excess of two thirds of the members of the Board of Directors was present and the vote was unanimous to approve the preservation of the Declaration.
5. FURTHER AFFIANT SAYETH NAUGHT.
/s/ Larry Ferguson, President and Director, Little Lake Estates Homeowners' Association, Inc., 500 Little Lake Court,
Winter Haven, FL 33884.
STATE OF FLORIDA COUNTY OF POLK
The foregoing instrument was acknowledged, sworn to and subscribed before me this 3rd day of October, 2017 A.D. by Larry Ferguson, President and Director, Little Lake Estates Homeowners' Association, Inc., who is personally known to me or produced _____ as identification.
/s/ Christopher Desrochers Notary Public Comm. #GG069671 Expires February 13, 2021.
This instrument prepared by : Christopher A. Desrochers, Christopher A. Desrochers, P.L., 2504 Ave. G NW, Winter Haven, FL 33880. (863) 299-8309.
October 13, 20, 2017 17-01687K