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INSTR 5613062 OR 5553 PG 1590 E-RECORDED 9/17/2018 2:30 PM
PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, 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 THE COMMUNITY ASSOCIATION FOR STONEGATE AND MILL RUN, COLLIER COUNTY, 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 Ability Management, 6736 Lone Oak Blvd., Naples, Florida 34109. The Association's Articles of Incorporation were originally filed with the office of the Secretary of State under the name The Community Association for Stonegate and Mill Run, Collier County, Inc. on September 22, 1988, and the Association was organized for the purpose of operating and administering the community known as The Community Association for Stonegate and Mill Run, Collier County, Inc., pursuant to the Stonegate / Mill Run Recreation Facilities Declaration Charter, Easements, Covenants and Restrictions recorded at Official Records Book 001391, Page 000619, et seq., 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 Terry Van Der Heyden, 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 8/27/2018, 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/Paige Porio
Witness Name: PAIGE PORIO
/s/ Stephanie Fox
Witness Name: STEPHANIE FOX
THE COMMUNITY ASSOCIATION FOR STONEGATE AND MILL RUN, COLLIER COUNTY, INC.
(SEAL)
By: /s/ Terry Van Der Heyden
Terry Van Der Heyden
Its: President
STATE OF FLORIDA
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 29th day of August, 2018, by Terry Van Der Heyden, as President of The Community Association for Stonegate and Mill Run, Collier County, Inc., a Florida not-for-profit corporation, on behalf of said corporation, he/she is [_X_] personally known to me OR ___ produced ___ as identification.
[NOTARY STAMP/SEAL]
/s/ Darlene Graham
Notary Public
Print Name: DARLENE GRAHAM
My commission expires: 8-10-2019
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 Terry Van Der Heyden, who, being duly sworn, deposes and states:
1. My name is Terry Van Der Heyden. 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 Community Association for Stonegate and Mill Run, Collier County, 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 Stonegate / Mill Run Recreation Facilities Declaration Charter, Easements, Covenants and Restrictions recorded at Official Records Book 001391, Page 000619, et seq., 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 8/27/2018, 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.
THE COMMUNITY ASSOCIATION FOR STONEGATE AND MILL RUN, COLLIER COUNTY, INC. (SEAL)
By: /s/Terry Van Der Heyden
Terry Van Der Heyden
Its: President
STATE OF FLORIDA
COUNTY OF Collier
The foregoing instrument was acknowledged before me this 29th day of August, 2018, by Terry Van Der Heyden, as President of The Community Association for Stonegate and Mill Run, Collier County, Inc., a Florida not-for-profit corporation, on behalf of said corporation. he/she is [ X ] personally known to me OR [_____] produced as identification.
[NOTARY STAMP/SEAL]
/s/ Darlene Graham
Notary Public
Print Name: DARLENE GRAHAM
My commission expires: 8-10-2019
EXHIBIT “B”
STATEMENT OF MARKETABLE TITLE ACTION
THE COMMUNITY ASSOCIATION FOR STONEGATE AND MILL RUN, COLLIER COUNTY, INC. (“Association”), has taken action to ensure that the Stonegate / Mill Run Recreation Facilities Declaration Charter, Easements, Covenants and Restrictions recorded at Official Records Book 001391, Page 00619, et seq., 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: STONEGATE / MILL RUN RECREATION FACILITIES
All that part of the Southwest ¼ of Section 2, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows:
Commencing at the West ¼ corner of said Section 2; thence along the North line of the Southwest ¼ of said Section 2, North 89°58'26” East 858.01 feet to the point of beginning of the parcel herein described; thence continue along said North line of the Southwest ¼ North 89°58'26” East 1818.83 feet to the Northeast corner of the Southwest ¼ of said Section 2; thence along the East line of the Southwest ¼ of said Section 2, South 1°35'35” East 710.24 feet; thence leaving said East line of the Southwest ¼ South 89°40'50” West 468.86 feet; ,thence Westerly and Northwesterly 596.44 feet along the arc of a tangential circular curve concave to the Northeast, having a radius of 700.00 feet, through a central angle of 48°49'10” and being subtended by a chord which bears North 65°54'35” West 578.56 feet; thence North 41°30'00” West 277.33 feet; thence Northwesterly and Westerly 632.86 feet along the arc of a tangential circular curve concave to the Southwest, having a radius of 784.00 feet, through a central angle of 46°15'00'' and being subtended by a chord which bears North 64°37'30” West 615.81 feet; thence North 87°45'00” West 101.46 feet to a point on said North line of the Southwest ¼ of said Section 2 and the point of beginning of the parcel herein described; being a part of the Southwest ¼ of Section 2, Township 49 South, Range 25 East, Collier County, Florida.
Oct. 26; Nov. 2, 2018 18-02084C