11-05431

FIRST INSERTION
NOTICE OF SALE PURSUANT TO CHAPTER 45, FLORIDA STATUTES
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 10-15703-CI-8
WELLS FARGO BANK,
NATIONAL ASSOCIATION,
Plaintiff, vs.
HARBOUR POINTE
RESIDENCES, LLC, and WILLIAM E. TOULOUMIS,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Agreed Final Judgment of Foreclosure dated August 10, 2011, in the-above styled cause, the Clerk of the Circuit Court, will sell to the highest and best bidder for cash, at www.pinellas.realforeclose.com, the Clerk's website for on-line auctions, on the September 13, 2011 at 10:00 a.m., after having first given notice as required by Section 45.031, Florida Statutes, the real property (and any personal property situated thereon) located in Pinellas County, Florida, and more particularly described in Exhibit “A” hereto.
EXHIBIT A
PARCEL I
A PORTION OF BLOCK 16, MAP OF GREEN SPRINGS, RECORDED IN PLAT BOOK 3, PAGE 10 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF; AND A PORTION OF LOTS 1 AND 2, WATER LOT 1 AND A PORTION OF THE VACATED 10 FOOT RIGHT-OF-WAY SHOWN ON THE REVISED MAP OF SPRING HAVEN, RECORDED IN PLAT BOOK 3, PAGE 39 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF; AND A PORTION OF THE VACATED IRON AGE STREET; AND WATER LOTS 1, 2 AND A PORTION OF WATER LOT 3, AND RESERVED LOT 1 AND A PORTION OF RESERVED LOTS 2 AND 3, AND A PORTION OF VACATED BLUFF DRIVE, REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS, RECORDED IN PLAT BOOK 3, PAGE 39 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 (THE CENTER SECTION CORNER) OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 16 EAST, SAFETY HARBOR, PINELLAS COUNTY, FLORIDA AS A POINT OF REFERENCE; THENCE N.00°25'20”W., ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION, 28.46 FEET; THENCE, LEAVING SAID LINE S.89°34'40”W., 20.00 FEET TO A POINT ON A LINE 20 FEET WEST OF AND PARALLEL WITH THE AFOREMENTIONED NORTH/SOUTH CENTERLINE, THE SAME BEING THE WEST RIGHT-OF-WAY LINE OF 1ST AVENUE SOUTH, (ALSO KNOWN AS TUCKER AVENUE AND/OR COUNTY ROAD NO. 30) FOR A POINT OF BEGINNING; THENCE S.38°55'39”W., ALONG THE NORTHERLY RIGHT-OF-WAY OF BAYSHORE DRIVE 130.49 FEET; THENCE, CONTINUING ALONG THE SAID RIGHT-OF-WAY OF BAYSHORE DRIVE S.38°57'06”W., 51.83 FEET; THENCE S.38°59'18”W., ALONG SAID RIGHT-OF-WAY LINE, 127.16 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2,829.93, AN ARC LENGTH OF 34.03 FEET, A CHORD LENGTH OF 34.03 FEET, AND A CHORD BEARING OF S.39°19'58”W.; THENCE, LEAVING THE NORTHERLY RIGHT-OF-WAY OF BAYSHORE DRIVE, N.51°16'16”W., 113.77 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 43.00 FEET, AN ARC LENGTH OF 38.48 FEET, A CHORD LENGTH OF 37.21 FEET, AND A CHORD BEARING OF N.25°38'08”W., TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF 2ND AVENUE SOUTH; THENCE NORTH, ALONG THE EAST RIGHT-OF-WAY LINE OF 2ND AVENUE SOUTH, A DISTANCE OF 60.63 FEET; THENCE, ALONG SAID EAST RIGHT-OF-WAY LINE, N.28°34'35”E., 41.93 FEET; THENCE, LEAVING SAID EAST RIGHT-OF-WAY LINE, ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 3.50 FEET, AN ARC LENGTH OF 2.17 FEET, A CHORD LENGTH OF 2.14 FEET, AND A CHORD BEARING OF S.21°24'53”E.; THENCE S.00°25'20”E., 14.07 FEET; THENCE N.89°34'40”E., 27.00 FEET; THENCE N.00°25'20”W., 18.00 FEET; THENCE N.89°34'40”E., 8.00 FEET; THENCE S.00°25'20”E., 18.00 FEET; THENCE N.89°34'40”E., 29.96 FEET; THENCE N.00°25'20”W., 14.50 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, AN ARC LENGTH OF 7.85 FEET, A CHORD LENGTH OF 7.07 FEET, AND A CHORD BEARING OF N.44°34'40”E.; THENCE N.89°34'40”E., 1.40 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, AN ARC LENGTH OF 7.85 FEET, A CHORD LENGTH OF 7.07 FEET, AND A CHORD BEARING OF S.45°25'20”E.; THENCE S.00°25'20”E.; 14.50 FEET; THENCE N.89°34'40”E., 27.57 FEET; THENCE N.00°25'20”W., 17.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2.50 FEET, AN ARC LENGTH OF 3.93 FEET, A CHORD LENGTH OF 3.54 FEET, AND A CHORD BEARING OF N.44°34'40”E.; THENCE S.89°34'40”E., 0.75 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET, AN ARC LENGTH OF 8.27 FEET, A CHORD LENGTH OF 8.11 FEET, AND A CHORD BEARING OF S.70°40'38”E.; THENCE S.50°55'56”E., 4.76 FEET; THENCE N.38°57'08”E., 57.99 FEET; THENCE N.51°02'52”W., 1.73 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 12.00 FEET, AN ARC LENGTH OF 10.60 FEET, A CHORD LENGTH OF 10.26 FEET, AND A CHORD BEARING OF N.25°44'06”W.; THENCE N.00°25'20”W., 8.59 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2.50 FEET, AN ARC LENGTH OF 3.93, A CHORD LENGTH OF 3.54 FEET, AND A CHORD BEARING OF N.44°34'40”E.; THENCE N.89°34'40”E., 17.00 FEET; THENCE N.00°25'20”W., 27.00 FEET; THENCE S.89°34'40”W., 12.96 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, AN ARC LENGTH OF 7.85 FEET, A CHORD LENGTH OF 7.07 FEET, AND A CHORD BEARING OF N.45°25'20”W.; THENCE N.00°25'20”W., 1.41 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, AN ARC LENGTH OF 7.85 FEET, A CHORD LENGTH OF 7.07 FEET, AND A CHORD BEARING OF N.44°34'40”E.; THENCE N.89°34'40”E., 12.96 FEET; THENCE N.00°25'20”W., 26.99 FEET, THENCE S.89°34'40”W., 20.00 FEET; THENCE N.00°25'20”W., 8.00 FEET; THENCE N.89°34'40”E., 20.00 FEET; THENCE N.00°25'20”W., 21.29 FEET; THENCE N.89°34'40”E., 5.91 FEET; THENCE N.38°57'08”E., 6.98 FEET; THENCE N.51°03'19”W., 1.36 FEET; THENCE N.38°57'08”E., 34.78 FEET; THENCE S.51°02'53”E., 5.56 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 39.08 FEET, AN ARC LENGTH OF 53.47 FEET, A CHORD LENGTH OF 49.39 FEET, AND A CHORD BEARING OF N.89°43'56”E.; THENCE S.51°04'34”E., 37.60 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 24.92 FEET, AN ARC LENGTH OF 17.11 FEET, A CHORD LENGTH OF 16.78 FEET, AND A CHORD BEARING OF S.70°44'57”E.; THENCE N.89°34'40”E., 1.68 FEET; THENCE S.00°25'20”E., 96.05 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PORTION OF IRON AGE STREET LYING ADJACENT TO THE REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS AND SPRING HAVEN ADDITION TO GREEN SPRINGS, RECORDED IN PLAT BOOK 3, PAGE 39 AND PLAT BOOK 3, PAGE 39 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS, AS RECORDED IN PLAT BOOK 3, PAGE 39 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND RUN N.89°24'22”E., ALONG THE NORTH RIGHT-OF-WAY LINE OF IRON AGE STREET, 1.29 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.89°24'22”E., ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.03 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF BAYSHORE DRIVE; THENCE, LEAVING SAID NORTH RIGHT-OF-WAY LINE, S.38°57'06”W., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 51.83 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IRON AGE STREET; THENCE, LEAVING THE SAID WESTERLY RIGHT-OF-WAY LINE, S.89°28'13”W., ALONG THE SOUTH RIGHT-OF-WAY LINE OF IRON AGE STREET, 206.44 FEET; THENCE, LEAVING SAID SOUTH RIGHT-OF WAY LINE, N.00°00'00”E., 39.74 FEET TO THE POINT OF BEGINNING.
PARCEL II
(TOWNHOME PROPERTY)
LOTS 1, 2, 3, AND 4, BLOCK 2, SPRING HAVEN SUBDIVISION, A.K.A. SPRING HAVEN ADDITION TO GREEN SPRINGS, SAFETY HARBOR, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 39, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF.
LESS AND EXCEPT THAT PORTION DESCRIBED IN RIGHT OF WAY DEED OF CONVEYANCE RECORDED DECEMBER 9, 2008 IN BOOK 16446, PAGE 2635, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 4, BLOCK 2, REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS, AS RECORDED IN PLAT BOOK 3, PAGE 39, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF DESCRIBED AS FOLLOWS:
BEGIN A SOUTHWEST CORNER OF SAID LOT 4, BLOCK 2 AND RUN N. 49°25'32”E., ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 4, 28.99 FEET TO THE EAST RIGHT-OF-WAY LINE OF 3RD AVENUE SOUTH (BY OCCUPATION); THENCE S.00°26'39”E. ALONG THE SAID EAST RIGHT-OF-WAY LINE OF 3RD AVENUE SOUTH (BY OCCUPATION), 18.74 FEET TO THE NORTH RIGHT-OF-WAY LINE OF IRON AGE STREET; THENCE, S.89°41'24”W. ALONG SAID NORTH RIGHT-OF-WAY LINE, 22.17 FEET TO THE POINT OF BEGINNING.
PARCEL III
COMMENCE AT THE NORTHEAST CORNER OF LOT 2, BLOCK 2 OF THE REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS AS RECORDED IN PLAT BOOK 3, PAGE 39 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERLY A PART AND RUN S.89°40'32”W., ALONG THE NORTH BOUNDARY LINE OF LOT 2 AND LOT 3 OF SAID PLAT, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF 2ND STREET SOUTH, 221.42 FEET FOR A POINT OF BEGINNING; THENCE, LEAVING SAID SOUTH RIGHT-OF-WAY LINE, S.49°25'32”W., ALONG THE SOUTHERLY PLATTED RIGHT-OF-WAY LINE OF OAK AVENUE (SHORT STREET), 90.44 FEET TO THE EAST OCCUPIED RIGHT-OF-WAY LINE OF 3RD AVENUE SOUTH; THENCE, LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY LINE, N.00°26'39”W., ALONG THE SAID EAST RIGHT-OF-WAY LINE OF 3RD AVENUE SOUTH, 58.44 FEET; THENCE, LEAVING SAID EAST RIGHT-OF-WAY LINE, N.89°40'32”E., 69.15 FEET TO THE POINT OF BEGINNING.
PARCEL IV
[CITY PARCEL]
A PORTION OF BLOCK 16, MAP OF GREEN SPRINGS, RECORDED IN PLAT BOOK 3, PAGE 10 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF, AND A PORTION OF LOT 1, HOLMES SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 47 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND A PORTION OF A 15 FOOT WIDE ALLEY WAY LYING ADJACENT TO AND SOUTH OF SAID PLAT; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 (THE CENTER SECTION CORNER) OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 16 EAST, SAFETY HARBOR, PINELLAS COUNTY, FLORIDA AS A POINT OF REFERENCE; THENCE N.00°25'20”W., ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION, 28.46 FEET; THENCE, LEAVING SAID LINE S.89°34'40”W., 20.00 FEET TO A POINT ON A LINE 20 FEET WEST OF AND PARALLEL WITH THE AFOREMENTIONED NORTH/SOUTH CENTERLINE, THE SAME BEING THE WEST RIGHT-OF-WAY LINE OF 1ST AVENUE SOUTH, (ALSO KNOWN AS TUCKER AVENUE AND/OR COUNTY ROAD NO. 30); THENCE N.00°25'20”W., ALONG THE RIGHT-OF-WAY OF 1ST AVENUE SOUTH, 96.05 FEET FOR A POINT OF BEGINNING; THENCE S.89°34'40”W., 1.68 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 24.92 FEET, AN ARC LENGTH OF 17.11 FEET, A CHORD LENGTH OF 16.78 FEET, AND A CHORD BEARING OF N.70°44'57”W.; THENCE N.51°04'34”W., 37.60 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 39.08 FEET, AN ARC LENGTH OF 53.47 FEET, A CHORD LENGTH OF 49.39 FEET, AND A CHORD BEARING OF S.89°43'56”W.; THENCE N.51°02'53”W.; 5.56 FEET; THENCE S.38°57'08”W., 34.78 FEET; THENCE S.51°03'19”E., 1.36 FEET; THENCE S.38°57'08”W., 6.98 FEET; THENCE S.89°34'40”W., 5.91 FEET; THENCE N.00°25'20”W., 78.34 FEET; THENCE N.89°18'49”E., 113.97 FEET; THENCE N.44°18'36”E., 25.05 FEET, TO THE WEST RIGHT-OF-WAY LINE OF 1ST AVENUE SOUTH; THENCE S.00°25'20”E., ALONG THE WEST RIGHT-OF-WAY LINE OF 1ST AVENUE SOUTH, 96.67 FEET TO THE POINT OF BEGINNING.
PARCEL V
[EXISTING IRON AGE RIGHT-OF-WAY PARCEL]
A PORTION OF IRON AGE STREET LYING ADJACENT TO THE REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS AND SPRING HAVEN ADDITION TO GREEN SPRINGS, RECORDED IN PLAT BOOK 3, PAGE 39 AND PLAT BOOK H3, PAGE 39 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS, AS RECORDED IN PLAT BOOK 3, PAGE 39, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY WAS FORMERLY A PART THEREOF AND RUN N.89°24'22”E., ALONG THE NORTH RIGHT-OF-WAY LINE OF IRON AGE STREET, 1.29 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N.89°24'22”E., ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.03 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF BAYSHORE DRIVE; THENCE, LEAVING SAID NORTH RIGHT-OF-WAY LINE, S.38°57'06”W., ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 51.83 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF IRON AGE STREET; THENCE, LEAVING THE SAID WESTERLY RIGHT-OF-WAY LINE, S.89°28'13”W., ALONG THE SOUTH RIGHT-OF-WAY LINE OF IRON AGE STREET, 206.44 FEET; THENCE, LEAVING SAID SOUTH RIGHT-OF-WAY LINE, N.00°00'00”E., 39.74 FEET TO THE POINT OF BEGINNING.
PARCEL VI
[2ND STREET SOUTH PARCEL]
THE SOUTHERLY 6.00 FEET OF THAT PORTION OF THE RIGHT OF WAY FOR 2ND STREET SOUTH LYING WEST OF THE WESTERLY RIGHT OF WAY LINE OF 2ND AVENUE SOUTH AND EAST OF THE EASTERLY RIGHT OF WAY LINE OF 3RD AVENUE SOUTH, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 2, BLOCK 2, REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS, AS RECORDED IN PLAT BOOK H3, PAGE 39, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY, FLORIDA, WAS FORMERLY A PART; THENCE S89°40'32”W, ALONG THE NORTHERLY BOUNDARY OF LOT 2 AND LOT 3, BLOCK 2 OF SAID REVISED MAP OF SPRING HAVEN ADDITION TO GREEN SPRINGS AND ALONG THE WESTERLY PROJECTION THEREOF A DISTANCE OF 290.57 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF 3RD AVENUE SOUTH, AS OCCUPIED, THENCE N00°26'39”W, ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 6.00 FEET; THENCE N89°40'32”E A DISTANCE OF 290.56 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF 2ND AVENUE SOUTH; THENCE S00°33'09”E, ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING .
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS, MUST FILE A CLAIM WITHIN 60 DAYS AFTER THE SALE.
Pursuant to Florida Statute 45.031 (2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Gulf Coast Business Review.
DATED this 15th day of August, 2011.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 300 Clearwater, FL 33756, (727) 464-4880(V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711.
STEVEN C. DUPRE, Esq.
Florida Bar No.: 471860
MERRICK L. GROSS, Esq.
Florida Bar No.: 716677
ADRIAN K. FELIX, Esq.
Florida Bar No.: 30846
200 Central Avenue, Suite 2300
St. Petersburg, Florida 33701
Phone: 727-821-7000
Fax: 727-822-3768
Email: [email protected]
Attorneys for Plaintiff
19888763.2
August 19, 26, 2011 11-05431