-
-
Loading
Loading
INSTR # 2018000030847, Doc Type NOT, Pages 6, Recorded 02/07/2018 at 12:25PM, Linda Doggett, Lee County Clerk of Circuit Court, Rec. Fee $52.50 Deputy Clerk ERECORD
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 II, 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 II, Inc. on April 7, 1988, and the Association was organized for the purpose of operating and administering the community known as Kelly Greens Community Association II, Inc., pursuant to the Declaration of Covenants, Conditions and Restrictions for Kelly Greens Community Association II, Inc., recorded at Official Records Book 2023, Page 0123, 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 Diane Bruns, 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 12/27/17, 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 II, INC.
(SEAL)
By: /s/ Diane Bruns
Diane Bruns
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 27th day of Dec, 2017, by Diane Bruns, as President of Kelly Greens Community Association II, 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]
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
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 Diane Bruns, who, being duly sworn, deposes and states:
1. My name is Diane Bruns. 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 II, 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 II, Inc., recorded at Official Records Book 2023, Page 0123, 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 12/27/2017, 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/ Diane Bruns
Diane Bruns
Its: President
STATE OF FLORIDA
COUNTY OF Lee
The foregoing instrument was acknowledged before me this 27th day of Dec, 2017, by Richard Verbeke, as President of Kelly Greens Community Association II, 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]
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”
STATEMENT OF MARKETABLE TITLE ACTION
KELLY GREENS COMMUNITY ASSOCIATION II, INC. (“Association”), has taken action to ensure that the Declaration of Covenants, Conditions and Restrictions for Kelly Greens Community Association II, Inc., recorded at Official Records Book 2023, Page 0123, 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 “B”
DESCRIPTION: KELLY GREENS COMMUNITY ASSOCIATION II, INC.
A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER (S.E.1/4) OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE RUN N.00°54'22”W. FOR 390.00 FEET; THENCE RUN S.88°54'15”W. FOR 50.00 FEET TO THE POINT OF BEGINNING; THENCE RUN S.00°54'22”E. FOR 159.35 FEET; THENCE RUN SOUTHWESTERLY FOR 47.12 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET (CHORD BEARING S.44°05'38”W., CHORD DISTANCE OF 42.43 FEET) TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY FOR 22.91 FEET ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET (CHORD BEARING S.80°53'18”W., CHORD DISTANCE OF 22.84 FEET) TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY FOR 49.55 FEET ON THE ARC OF A CURVE TO RIGHT HAVING A RADIUS OF 175.00 FEET (CHORD BEARING S.80°47'36”W., CHORD DISTANCE OF 49.38 FEET); THENCE RUN S.88°54'15”W. FOR 62.45 FEET; THENCE RUN N.01°05'45”W. FOR 199.40 FEET; THENCE RUN N.88°54'15”E. FOR 164.57 FEET TO THE POINT OF BEGINNING. TRACT HEREIN DESCRIBED CONTAINS 0.733 ACRES.
AND
A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER (S.E.1/4) OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE RUN N.00°54'22”W. FOR 390.00 FEET; THENCE RUN S.88°54'15”W. FOR 663.57 FEET TO THE POINT OF BEGINNING; THENCE RUN S.01°05'45”E. FOR 209.87 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KELLY GREENS BOULEVARD; THENCE RUN WESTERLY FOR 122.07 FEET ON THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 710.00 FEET (CHORD BEARING N.86°10'14”W., CHORD DISTANCE OF 121.92 FEET); THENCE RUN S.88°54'15”W. FOR 201.95 FEET; THENCE RUN SOUTHWESTERLY FOR 117.31 FEET ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 611.03 FEET (CHORD BEARING S.83°24'15”W., CHORD DISTANCE OF 117.13 FEET) TO A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHWESTERLY FOR 69.24 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 510.00 FEET (CHORD BEARING S.81°47'36”W., CHORD DISTANCE OF 69.19 FEET); THENCE RUN N.01°05'45”W. FOR 219.19 FEET; THENCE RUN N.88°54'15”E. FOR 508.66 FEET TO THE POINT OF BEGINNING.
TRACT HEREIN DESCRIBED CONTAINS 2.374 ACRES.
(Also described as Kelly Greens Verandas Condominium III)
AND
A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER (S.E.1/4) OF SECTION 1, TOWNSHIP 46 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, BEING PART OF TRACT 20, KELLY GREENS UNIT TWO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE RUN N.00°54'22”W. ALONG THE EAST LINE OF SAID SECTION 1 FOR 390.00 FEET; THENCE RUN S.88°54'15”W. FOR 214.57 FEET TO THE POINT OF BEGINNING; THENCE RUN S.01°05'45”E. FOR 199.40 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KELLY GREENS BOULEVARD; THENCE RUN S.88°54'15”W. ALONG SAID NORTHERLY LINE FOR 122.17 FEET; THENCE RUN SOUTHWESTERLY FOR 130.12 FEET ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 710.00 FEET (CHORD BEARING S.83°39'15”W., CHORD DISTANCE OF 129.93 FEET) TO A POINT OF REVERSE CURVATURE; THENCE RUN WESTERLY FOR 190.59 FEET ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 520.00 FEET (CHORD BEARING S.88°54'15”W., CHORD DISTANCE OF 189.52 FEET); TO A POINT OF REVERSE CURVATURE; THENCE RUN NORTHWESTERLY FOR 8.04 FEET ON THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 710.00 FEET (CHORD BEARING N.80°55'14”W., CHORD DISTANCE OF 8.04 FEET); THENCE RUN N.01°05'45”W. FOR 209.87 FEET; THENCE RUN N.88°54'15”E. FOR 449.00 FEET TO THE POINT OF BEGINNING.
TRACT HEREIN DESCRIBED CONTAINS 2.146 ACRES.
(Also described as Kelly Greens Verandas Condominium IV).
February 16, 23, 2018 18-00470L