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INSTR # 2018000084968, Pages 5
Doc Type RES, Recorded 04/11/2018 at 09:49 AM.,
Linda Doggett, Lee County Clerk of Circuit Court,
Rec. Fee $44.00
Deputy Clerk WMILLER #1
NOTICE OF PRESERVATION OF COVENANTS
PURSUANT TO SECTION 712.05, FLORIDA STATUTES
Prepared without opinion of title by:
Ashley D. Lupo, 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 VINES COMMUNITY 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 Pegasus Property Management, 3409 Pelican Landing Parkway, #3, Bonita Springs, Florida 34134. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Vintage Community Association, Inc., on December 20, 1985, which name was then changed to Vines Community Association, Inc., and the Association was organized for the purpose of operating and administering the community known as Vines Community Association, Inc., f/k/a Vintage Community Association, Inc., pursuant to the Declaration of The Community Association for Vintage Golf and Country Club recorded at Official Records Book 1822, Page 4169, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of The Community Association for The Vines Country Club (formerly known as Vintage Golf and Country Club) recorded at Official Records Book 2088, Page 3269, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of the Community Association for The Vines Community (formerly known as Vintage Golf and Country Club) recorded at Official Records Instrument No. 2010000160638, 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 Norman Berger, 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 5, 2018, 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/ Sierra Logan
Witness Name: Sierra Logan
/s/ Ashley Richardson
Witness Name: Ashley Richardson
VINES COMMUNITY ASSOCIATION, INC.
(SEAL)
By: /s/ Gloria Beck
Gloria Beck
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 26th day of March, 2018, by Gloria Beck, as President of Vines Community Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. She is [ X ] personally known to me OR [_____] produced ______ as identification.
[NOTARY STAMP/SEAL]
COLLEEN ANN MCINTYRE
MY Commission # FF923945
My Comm. Expires October 04 2019
/s/ Colleen A McIntyre
NOTARY PUBLIC
Print Name: Colleen A. McIntyre
My commission expires: 10/4/19
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 Norman Berger, who, being duly sworn, deposes and states:
1. My name is Norman Berger. 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 the Vines Community 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 The Community Association for Vintage Golf and Country Club recorded at Official Records Book 1822, Page 4169, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of The Community Association for The Vines Country Club (formerly known as Vintage Golf and Country Club) recorded at Official Records Book 2088, Page 3269, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of the Community Association for The Vines Community (formerly known as Vintage Golf and Country Club) recorded at Official Records Instrument No. 2010000160638, 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 March 5, 2018, 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.
VINES COMMUNITY ASSOCIATION, INC.
(SEAL)
By: /s/ Gloria Beck
Gloria Beck
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 26th day of March, 2018, by Gloria Beck, as President of Vines Community Association, Inc., a Florida not-for-profit corporation, on behalf of said corporation. She is [ X ] personally known to me OR [_____] produced ______ as identification.
[NOTARY STAMP/SEAL]
COLLEEN ANN MCINTYRE
MY Commission # FF923945
My Comm. Expires October 04 2019
/s/ Colleen A McIntyre
NOTARY PUBLIC
Print Name: Colleen A. McIntyre
My commission expires: 10/4/19
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
THE VINES COMMUNITY ASSOCIATION, INC. (“Association”), has taken action to ensure that the Declaration of The Community Association for Vintage Golf and Country Club recorded at Official Records Book 1822, Page 4169, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Amended and Restated Declaration of The Community Association for The Vines Country Club (formerly known as Vintage Golf and Country Club) recorded at Official Records Book 2088, Page 3269, et seq., Public Records of Lee County, Florida, as amended and restated pursuant to the Second Amended and Restated Declaration of the Community Association for The Vines Community (formerly known as Vintage Golf and Country Club) recorded at Official Records Instrument No. 2010000160638, 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”
VINTAGE GOLF AND COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT LYING IN PART OF SECTIONS 20 AND 21, TOWNSHIP 46 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 37, PAGES 41 THRU 50, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
A PARCEL OF LAND IN SECTIONS 20 & 21, TOWNSHIP 46S, RANGE 25E, LEE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 46S, RANGE 25E; THENCE S88° 44' 20” E ALONG THE NORTH LINE OF SAID SECTION 21 FOR 193.70 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE SEABOARD COASTLINE RAILROAD (FORMERLY FORT MYERS SOUTHERN RAILROAD) AS DESCRIBED IN DEED BOOK 68 AT PAGE 78 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE S32° 30' 02” E ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE FOR 3741.80 FEET TO AN INTERSECTION WITH A DIAGONAL LINE BETWEEN THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE S44° 58' 58” W ALONG SAID DIAGONAL LINE FOR 2235.13 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF STATE ROAD #45 (US 41-TAMIAMI TRAIL); THENCE N36° 53' 45” W ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE FOR 1139.53 FEET; THENCE ND89° 19' 15” E FOR 106.93 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST 1/4 OF THE AFOREMENTIONED SECTION 21; THENCE N0° 40' 45” W ALONG SAID WEST LINE FOR 1166.99 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE N0° 42' 46” W ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 21 FOR 2661.72 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46S, RANGE 25 E MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 21, TOWNSHIP 46S, RANGE 25E, THENCE S88° 44' 20” E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 21 FOR 350.07 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE RAILROAD (FORMERLY FORT MYERS SOUTHERN RAILROAD) AS DESCRIBED IN DEED BOOK 68 AT PAGE 78 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE S32° 30' 02” E ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE FOR 3626.04 FEET TO AN INTERSECTION WITH A DIAGONAL LINE CONNECTING THE NORTHEAST CORNER AND THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE N44° 58' 58” E ALONG SAID DIAGONAL LINE FOR 2370.26 FEET; THENCE N0° 49' 11” W FOR 1317.90 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF THE AFOREMENTIONED SECTION 21; THENCE N89° 25' 10” W ALONG SAID NORTH LINE FOR 1305.92 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE N88° 44' 20” W ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 FOR 2299.67 FEET TO THE POINT OF BEGINNING.
11611969_1 118134.0031
April 20, 27, 2018 18-01197L