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INSTR. # 2019000075914, Doc Type RES, Pages 96, Recorded 4/5/2019 at 10:38 AM, Deputy Clerk LHINSPETER ERECORD Rec. Fees: $817.50
NOTICE OF SUPPLEMENTAL PRESERVATION OF USE RESTRICTIONS UNDER MARKETABLE RECORD TITLE ACT GATEWAY GREENS COMMUNITY ASSOCIATION, INC.
RETURN TO:
DIANE M. SIMONS, ESQ.
ATTORNEY AT LAW
SIMONS LAW GROUP, PLLC
P.O. BOX 291
FOR MYERS, FL 33902-0291
Tel: (239) 443-5723
WHEREAS, Gateway Greens Community Association, Inc., a Florida corporation not-for-profit, (the “Association”), whose mailing address is c/o Alliant Property Management, LLC, 13831 Vector Ave, Fort Myers, Florida 33907, was created by the Developer, Westinghouse Gateway Communities, Inc., a Florida corporation, to operate and enforce the Declaration and General Protective Covenants for Gateway Greens Community; and
WHEREAS, pursuant to Chapter 712 of the Florida Statutes, entitled “Marketable Record Title Act,” the Board of Governors desires to preserve these restrictions; and
WHEREAS, the Association previously filed a Notice of Preservation of Use Restrictions Under Marketable Record Title Act Gateway Greens Community Association, Inc. (“Notice of Preservation”), recorded in the Official Records at Instrument Number 2018000057117, on March 9, 2018 in the Public Records of Lee County, Florida. The Notice of Preservation failed to include several restrictions, covenants, and easements which the Association desires to preserve; and
NOW THEREFORE, the Association by and through its undersigned Officers executes this Notice of Supplemental Preservation of: the Declaration of Neighborhood Covenants for Hampton Greens, as recorded in the Official Records at Book 2060, Page 1916, et seq., in the Public Records of Lee County, Florida, on April 4, 1989; the Declaration of Neighborhood Covenants for Blocks A, B, C and D Gateway Phase 4, as recorded in the Official Records at Book 2093, Page 3755, et seq., in the Public Records of Lee County, Florida, on August 31, 1989; the First Amendment to Declaration of Neighborhood Covenants for Hampton Greens, as recorded in the Official Records at Book 2095, Page 3468, et seq., in the Public Records of Lee County, Florida, on September 12, 1989; the Second Amendment to Declaration of Neighborhood Covenants for Hampton Greens, as recorded in the Official Records at Book 2099, Page 0982, et seq., in the Public Records of Lee County, Florida, on September 28, 1989; the Warranty Deed incorporating Exhibit B, the Declaration of Protective Covenants and Restrictions for Parcel 20, Unit 4, Area One, Gateway, recorded in the Public Records at Book 2107, Page 1117, et seq., in the Public Records of Lee County, Florida, on November 6, 1989; the Declaration of Protective Covenants and Restrictions for Parcel 21A, Unit 3, Area One & Unit 6, Area Two, Gateway, recorded in the Official Records at Book 2147, Page 3789, et seq., in the Public Records of Lee County, Florida, on May 8, 1990; the First Amendment to Declaration of Protective Covenants and Restrictions for Parcel 20, Unit 4, Area One, Gateway, recorded in the Official Records at Book 2300, Page 4528, et seq., in the Public Records of Lee County, Florida, on May 20, 1992; the Declaration of Neighborhood Covenants for Lots 1-34, Block B, Gateway Phase 13 Fairway Isles II, as recorded in the Official Records at Book 2417, Page 2221, et seq., in the Public Records of Lee County, Florida, on August 23, 1993; the Declaration of Protective Covenants and Restrictions for Tract “L”, Gateway Phase 9, Area One, Gateway, recorded in the Public Records at Book 2427, Page 2759, et seq., in the Public Records of Lee County, Florida, on September 27, 1993; the Ninth Supplement to Declaration and General Protective Covenants for Gateway Greens Community, as recorded in the Official Records at Book 2427, Page 2782, in the Public Records of Lee County, Florida, on September 27, 1993; the Declaration of Club Membership and Protective Covenants for Cypress Links, recorded in the Official Records at Book 2720, Page 2733, et seq., in the Public Records of Lee County, Florida, on June 28, 1996; the Amended and Restated Declaration of Club Membership and Protective Covenants for Cypress Links, recorded in the Official Records at Book 2782, Page 2451, et seq., in the Public Records of Lee County, Florida, on January 16, 1997; the First Amendment to the Amended and Restated Declaration of Club Membership and Covenants for Cypress Links, recorded in the Public Records in Book 2886, Page 3932, et seq., in the Public Records of Lee County, Florida, on November 10, 1997; the Declaration of Neighborhood Covenants for Cypress Links, as recorded in the Official Records at Book 2886, Page 3937, et seq., in the Public Records of Lee County, Florida, on November 10, 1997; the Declaration of Neighborhood Covenants for Gateway Phase 24 (Walden Lakes), as recorded in the Official Records at Book 3187, Page 1407, et seq., in the Public Records of Lee County, Florida, on November 10, 1999; the Declaration of Restrictive Covenant, recorded in the Official Records at Book 3207, Page 0335, et seq., in the Public Records of Lee County, Florida, on January 6, 2000; the First Amendment to Declaration of Neighborhood Covenants for Gateway Phase 18 Mahogany Isles, as recorded in the Official Records at Book 3544, Page 1215, et seq., in the Public Records of Lee County, Florida, on December 20, 2001; the Assignment of Rights, recorded in the Official Records at Book 3600, Page 3426, et seq., in the Public Records of Lee County, Florida, on March 18, 2002; the Twenty Second Supplement to Declaration and General Protective Covenants for Gateway Greens Community, as recorded in the Official Records at Instrument Number 2006000129178, in the Public Records of Lee County, Florida, on March 29, 2006; and the Sixteenth Amendment to Declaration and General Protective Covenants for Gateway Greens Community, as recorded in the Official Records at Instrument Number 2006000129179, in the Public Records of Lee County, Florida, on March 29, 2006.
1. This Notice is being filed by Gateway Greens Community Association, Inc., the extension and preservation of the various Neighborhood Covenants and subsequent amendments thereto having been approved by at least the two-thirds (2/3) vote of the Board of Governors at a meeting of which the members of the Association were informed in accordance with Section 712.06, Florida Statutes. Said meeting was held on April 1st, 2019. An affidavit executed by Brian L Mook, the President of Gateway Greens Community Association, Inc., attesting that Notice of the Board of Governors meeting was mailed or hand delivered to members of the Association not less than seven (7) days prior to such meeting, along with a copy of said Notice, is attached hereto as Exhibit “A.”
2. The name and Post Office address of the Association is as follows:
Gateway Greens Community Association, Inc.
C/o Alliant Property Management, LLC
13831 Vector Ave, Fort Myers, Florida 33907
3. The description of all lands affected by this Notice is as follows:
See Exhibit “B” attached hereto.
4. The various Neighborhood Covenants and all subsequent amendments thereto, which are intended to be preserved and extended by and through this Notice, are identified and described in accordance with Section 712.06(1)(e), Florida Statutes, on Exhibit “C” attached hereto.
IN WITNESS WHEREOF, this Notice has been executed this 1st day of April, 2019.
GATEWAY GREENS COMMUNITY ASSOCIATION, INC.
Sign: /s/ Paul J. Tobin
Print: Paul J. Tobin
Title: President
Sign: /s/ Brian L Mook
Print: Brian L Mook
Title: Secretary
WITNESS:
Sign: /s/ Lorey Seech
Print: Lorey Seech
WITNESS:
Sign: /s/ Chris Miller
Print: Chris Miller
STATE OF FLORIDA
COUNTY OF LEE
THE FOREGOING INSTRUMENT was acknowledged before me this 1 day of April, 2019, by Paul Tobin, as President of Gateway Greens Communiy Association, Inc., who is personally known to me.
(Notary Seal/Stamp)
Notary Public- State of Florida
Sign: /s/ Megan E. Bryant
Print: Megan E. Bryant
My Commission Expires:
3/7/23
STATE OF FLORIDA
COUNTY OF LEE
THE FOREGOING INSTRUMENT was acknowledged before me this 1 day of April, 2019, by Brian Mook, as Secretary of Gateway Greens Community Association, Inc., who is personally known to me.
(Notary Seal/Stamp)
Notary Public- State of Florida
Sign: /s/ Megan E. Bryant
Print: Megan E. Bryant
My Commission Expires:
3/7/23
April 19, 26, 2019 19-01378L