18-00275L

INSTR # 2018000016273, Doc Type RES, Pages 6, Recorded 01/22/2018 at 11:32 AM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $52.00 Deputy Clerk PSMITH
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 KELLY GREENS COMMUNITY ASSOCIATION I, 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 Pro-Cam of SWFL, 12858 Banyan Creek Drive, Suite 102, Naples, Florida 33908. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name Kelly Greens Community Association I, Inc. on February 23, 1988, and the Association was organized for the purpose of operating and administering the community known as Kelly Greens Community Association I, Inc., pursuant to the Declaration of Covenants, Conditions and Restrictions for Kelly Greens Community Association I, Inc., recorded at Official Records Book 1971, Page 4505, et seq., 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 Richard Verbeke, 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, conditions 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 12/21/2017, 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/ Diane S. Bird
Witness Name: Diane S. Bird
/s/ Rachel Noiff
Witness Name: Rachel Noiff
KELLY GREENS COMMUNITY ASSOCIATION I, INC.
(SEAL)
By: /s/ Richard Verbeke
Richard Verbeke
Its: President
STATE OF FLORIDA
COUNTY OF __________
The foregoing instrument was acknowledged before me this 21 day of Dec, 2017, by Richard Verbeke, as President of Kelly Greens Community Association I, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is [ X ] personally known to me OR [_____] produced ______ as identification.
[NOTARY STAMP/SEAL]
MARY A SMITH
Notary Public - State of Florida
Commission # FF 970114
My Comm. Expires Mar 24, 2020
Bonded through National Notary Assn
/s/ Mary A Smith
NOTARY PUBLIC
Print Name: Mary A Smith
My commission expires: 3/24/2020
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 Richard Verbeke, who, being duly sworn, deposes and states:
1. My name is Richard Verbeke. 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 Kelly Greens Community Association I, 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 for Kelly Greens Community Association I, Inc., recorded at Official Records Book 1971, Page 4505, et seq., 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 12/21/2017, 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.
KELLY GREENS COMMUNITY ASSOCIATION I, INC. (SEAL)
By: /s/ Richard Verbeke
Richard Verbeke
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 3rd day of Dec, 2017, by Richard Verbeke, as President of Kelly Greens Community Association I, Inc., a Florida not-for-profit corporation, on behalf of said corporation. He is [ X ] personally known to me OR [_____] produced as ______ identification.
[NOTARY STAMP/SEAL]
MARY A SMITH
Notary Public - State of Florida
Commission # FF 970114
My Comm. Expires Mar 24, 2020
Bonded through National Notary Assn
/s/ Mary A Smith
NOTARY PUBLIC
Print Name: Mary A Smith
My commission expires: 3/24/2020
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
KELLY GREENS COMMUNITY ASSOCIATION I, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Kelly Greens Community Association I, Inc., recorded at Official Records Book 1971, Page 4505, et seq., 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

A TRACT OF LAND LYING IN SECTION 1, TOWNSHIP 46 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, BEING A PART OF TRACT 11, KELLY GREENS UNIT TWO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 11; THENCE RUN S.01°07'18”E. ALONG THE WEST LINE OF SAID TRACT 11 FOR 135.66 FEET; THENCE RUN N.88°52'42”E. FOR 27.88 FEET REFERENCE POINT “A”; THENCE RUN S.63°32'36”E. FOR 189.36 FEET; THENCE RUN N.88°52'42”E. FOR 435.95 FEET TO REFERENCE POINT “B”; THENCE RUN S.86°23'29”E. FOR 235.00 FEET TO REFERENCE POINT “C”; THENCE RUN N.14°30'40”E. FOR 280.26 FEET TO REFERENCE POINT “D”; THENCE RUN N.03°14'23”W. FOR 291.71 FEET; THENCE RUN N.75°32'28”W. FOR 28.65 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF KELLY SANDS WAY; THENCE RUN SOUTHWESTERLY ALONG SAID RIGHT OF WAY FOR 157.21 FEET ON THE ARC OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 548.60 FEET' (CHORD BEARING S.22°40'07”W., CHORD DISTANCE OF 156.68 FEET); THENCE RUN S.30°52'42”W. LONG SAID RIGHT OF WAY FOR 146.25 FEET; THENCE RUN SOUTHWESTERLY ALONG SAID RIGHT OF WAY FOR 126.54 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET (CHORD BEARING S.59°52'42”W., CHORD DISTANCE OF 121.20 FEET); THENCE RUN S.88°52'42”W. ALONG SAID RIGHT OF WAY FOR 659.86 FEET TO THE POINT OF BEGINNING.

EXCEPT THE FOLLOWING TRACTS FOR COVERED PARKING:

COVERED PARKING #1:

COMMENCING AT REFERENCE POINT “A” DESCRIBED ABOVE; THENCE RUN N.26°27'24”E. FOR 30.00 FEET; THENCE RUN S.63°32'36”E. FOR 42.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N.26°27'24”E. FOR 20.00 FEET; THENCE RUN S.63°32'36”E. FOR 140.00 FEET; THENCE RUN S.26°27'24”W. FOR 20.00 FEET; THENCE RUN N.63°32'36”W. FOR 140.00 FEET TO THE POINT OF BEGINNING.

COVERED PARKING #4:

COMMENCING AT REFERENCE POINT “B” AS DESCRIBED ABOVE; THENCE RUN S.88°52'42”W. FOR 264.59 FEET; THENCE RUN N.01°07'18”W. FOR 30.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N.01°07'18”W. FOR 20.00 FEET; THENCE RUN W.88°52'42”E. FOR 120.00 FEET; THENCE RUN S.01°07'18”E. FOR 20.00 FEET; THENCE RUN S.88°52'42”W. FOR 120.00 FEET TO THE POINT OF BEGINNING.

COVERED PARKING #5:

COMMENCING AT REFERENCE POINT “C” AS DESCRIBED ABOVE; THENCE RUN N.86°23'29”W. FOR 45.42 FEET; THENCE RUN N.03°36'31”E. FOR 30.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N.86°23'29”W. FOR 160.00 FEET; THENCE RUN N.03°36'31”E. FOR 20.00 FEET; THENCE RUN S.86°23'29”E. FOR 160.00 FEET; THENCE RUN S.03°36'31”W. FOR 20.00 FEET TO THE POINT OF BEGINNING.

COVERED PARKING #6:

COMMENCING AT REFERENCE POINT “C” AS DESCRIBED ABOVE; THENCE RUN N.14°30'40”E. FOR 45.42 FEET; THENCE RUN N.75°29'20”W. FOR 30.00 FEET TO THE POINT OF BEGINNING; THENCE RUN N.75°29'20”W. FOR 20.00 FEET; THENCE RUN N.14°30'40”E. FOR 100.00 FEET; THENCE RUN S.75°29'20”E. FOR 20.00 FEET; THENCE RUN S.14°30'40”W. FOR 100.00 FEET TO THE POINT OF BEGINNING.

COVERED PARKING #7:

COMMENCING AT REFERENCE POINT “D” AS DESCRIBED ABOVE; THENCE RUN N.84°21'52”W. FOR 30.36 FEET; TO THE POINT OF BEGINNING; THENCE RUN S.14°30'40”W. FOR 80.00 FEET; THENCE RUN N.75°29'20”W. FOR 20.00 FEET; THENCE RUN N.14°30'40”E. FOR 80.00 FEET; THENCE RUN S.75°29'20”E. FOR 20.00 FEET TO THE POINT OF BEGINNING.

COVERED PARKING #8:

COMMENCING AT REFERENCE POINT “D” AS DESCRIBED ABOVE; THENCE RUN N.84°21'52”W. FOR 30.36 FEET; THENCE RUN N.03°14'23”W. FOR 30.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S.86°45'37”W. FOR 20.00 FEET; THENCE RUN N.03°14'23”W. FOR 180.00 FEET; THENCE RUN N.86.45'37”E. FOR 20.00 FEET; THENCE RUN S.03°14'23”W. FOR 180.00 FEET TO THE POINT OF BEGINNING.

TRACT HEREIN DESCRIBED CONTAINS 4.975 ACRES.
11427059_1 123974.00002
February 2, 9, 2018 18-00275L

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