Selva Linkside recorded in OR Book 6511, page 1391 b
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From: Marcia Parker Tjoflat [mailto:mpt@papmet.com]
Sent: Thursday, January 25, 2007 10:39 AM
To: AJensenLaw@aol.com; Sonya Doerr
Subject: Restrictions
Sonya and Alan
I looked at the clerk of court data base to see if I could determine whether restrictions had been placed on the property in question. Apparently the platting/development took place
long enough ago that the documents have not all been scanned in. I did find the May, 1988, Declaration of Covenants, Restrictions and Easements for Selva Linkside - Phase I, which
I will forward to you. The legal description includes lands not platted in the plat (which is attached), but the Declaration states that they have no effect on the unplatted lands
unless memorialized by a recorded amendment to the Declaration. The Declaration anticipates that "Developer of any person to whom Developer has assigned its right to develop the Unplatted
Land may execute and record such an amendment or amendments without the consent or joinder" of the owners of the HOA. The plat does not include the property now in question, but includes
the triangular piece, noted as "Tract A". I did not find a reference to Tract A in the Declaration or the plat, but I cannot read the small print. I am waiting on better copies. However,
this indicates to me that anyone who purchased property in Selva Linkside should have been on notice that the developer intended that the unplatted lands were to be developed.
After talking with Alan, I went ahead and ordered a title search to see the current status of the property. Clerk of Court Records show that the property in question is owned by Selva
Preserve LLC - with a General Warranty Deed dated November 9, 2006, and recorded November 21, 2006, purchase price of $1,000,000. Laura Ferrante is President of Selva Preserve LLC,
and its registered agent. The managing member of Selva Preserve LLC is North Florida Pioneers, Inc., Laura Ferrante, President; Peter Rodriguez, VP; Robert Hendricks, Secy; Robert
Perrett, Treasurer; and Phil Holmberg, Dir.
John A. Merritt, III and Louis B. MacDonell, as Partners of Selva Linkside sold the property to Harbour Springs Development, Inc. (William Kennedy, currently listed as its sole officer,
but Rafic Y. Itani signed the deed as president of Harbour Springs Development) with a deed dated May 9, 1996, and recorded on May 15, 1996. A Warranty Deed (Corporate) dated May 10,
1996, and recorded on May 17, 1996, granted Thrower Homes Inc. (Frank P. Thrower, sole director) a 50% undivided interest, and Rafic Y. Itani and Mohammed Y. Itani each a 25% undivided
interest as tenants in common. A Special Corporate Warranty Deed dated June 18, 1996, and recorded on June 19, 1996, conveyed an undivided 50% interest in the lands from Thrower Homes
Inc to Kevin Bennett.
I will let you know as soon as I have more.
mpt
Marcia Parker Tjoflat
Pappas, Metcalf, Jenks & Miller, P.A.
245 Riverside Avenue, Suite # 400
Jacksonville, FL 32202
(904) 353-1980 (telephone)
(904) 353-5217 (telecopier)
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