11-05450

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, STATE OF FLORIDA
CIVIL DIVISION
CASE NO.: 11-002887-CI
DIVISION: 7
JUDGE: Bruce Boyer
BAY CITIES BANK,
Plaintiff, v.
ANCLOTE BEND, L.L.C., et. al.,
Defendants.
NOTICE IS GIVEN that under the Uniform Final Judgment of Foreclosure, entered in this action on the 11th day of August, 2011, I will sell to the highest and best bidder or bidders for cash in an online sale at www.pinellas.realforeclose.com, beginning at 10:00 a.m. on September 30, 2011, the following described property:
SEE EXHIBIT “A”
EXHIBIT A
LEGAL DESCRIPTION
Lots 1 Through 17A and Tracts A, B and C, ANCLOTE BEND, according to the map or plat thereof as recorded in Plat Book 133, Page 72, Public Records of Pinellas County, Florida.
Also being more particularly described as follows:
Parcel 1:
That part of the North 1/2 of SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, lying West of the West right of way line of U. S. Highway No. 19, as described in Clerk's Instrument Number 782697A, Pinellas County Records, and lying Northerly of the S. C. L. R. R. Main line right of way and lying Northeasterly of the right of way of the S. C. L. R. R. Spur Line to Victor Chemical Co., as described in Clerk's Instrument Numbers 758924 and 758925, Pinellas County Records; LESS that part lying in Block 94 of the Town of Tarpon Springs as shown by Plat Book 4, Page 79, Pinellas County Records; ALSO LESS Tract conveyed to L. F. Fernald, at ux by Deeds recorded as Clerk's Instrument Numbers 365286B and 365287B, Pinellas County Records, described as follows: That part of the Un-Subdivided Block 97 of the Official Map of the Town of Tarpon Springs, in Section 7, Township 27 South, Range 16 East, as per plat thereof recorded in Plat Book 4, Page 79, Public Records of Pinellas County, Florida, West of the Right of Way of U. S. Highway No. 19, more particularly described as follows: in the Northeast 1/4 of Section 7, begin at the intersection of the North right of way line of the Atlantic Coast Line Rail Road and the West right of way line of U. S. Highway No. 19 (being 85.0 feet from the centerline): thence run North 0° 09' 55” East along the said West right of way line 615 feet, plus or minus, to the center line of an existing 18 inch R. C. P. for the Point of Beginning, thence continue North 0° 09' 55” East along the said right of way line 105 feet, plus or minus, to the Northerly boundary of said Block 97, thence run Southwesterly along said boundary 130 feet, plus or minus, to the waters edge, thence run Southerly along the waters edge 30 feet, plus or minus, to the centerline of the said 18 inch R. C. P., thence Easterly 100 feet, plus or minus, along the centerline of the said pipe to the Point of Beginning. LESS the East 7.5 feet of said land used for right of way purposes, included in above described lands, but not limited thereto, are part of Blocks 1, 2 and 97 of the Town of Tarpon Springs, according to Plat Book 4, Pages 78 and 79, Public Records of Pinellas County, Florida and vacated North Boulevard; (also less the following: Commence at the Northwest corner of Section 7, Township 27 South, Range 16 East, Pinellas County, Florida, thence run South 86° 05' 49” East, along the North boundary of said Section 7, 280.92 feet to a point on the Northeasterly right of way line of Seaboard Coastline Railroad, said point being the Point of Beginning, thence run South 39° 48' 41” East, along said railroad right of way line 1,547.26 feet to a curve concave Northeasterly and having a radius of 666.21 feet; thence run 455.90 feet Southeasterly along the arc of said curve through a central angle of 56° 40' 00”, said curve having a chord of 447.06 feet which bears South 59° 24' 57” East; run thence North 39° 48' 41” West, 1,824.99 feet to a point on North boundary of said Section 7, thence run North 86° 05' 49” West, along said North boundary, 207.53 feet to the Point of Beginning, conveyed to Florida Power Corporation by Warranty Deed, dated March 26, 1972, filed April 17, 1973, in Official Records Book 4018, Pages 295 through 298, inclusive, Instrument Number 73051144.)
Parcel 2
A portion of Railroad right of way lying in the North 1/2 of SECTION 7, TOWNSHIP 27 SOUTH, RANGE 16 EAST, Pinellas County, Florida, lying West of the West right of way of U. S. Highway No. 19, North of the North right of way line of that portion of railroad right of way purchased by the Florida Department of Transportation and East of the West right of way line of Rivo Place extended Northerly across the railroad right of way to a point of intersection on the Northerly right of way of a railroad spur line, being more particularly described as follows: Beginning at the Northeast corner of the said Section 7,
North 85° 36' 37” West 2,494.53 feet to a point on the Westerly right of way of U. S. Highway No. 19, thence South 0° 09' 55” West, 344.58 feet, thence North 89° 50' 05” West 17.00 feet, thence South 0° 09' 55” West along the Westerly right of way of U. S. Highway No. 19,812.32 feet to the Point of Beginning, said point being the intersection of said Westerly right of way with the Northerly right of way of the Seaboard Coastline Railway; thence South 77° 48' 07” West 558.66 feet along the North right of way of said railroad, thence South 83° 24' 01” West, 90.00 feet; thence along a curve concave Northeasterly
having a radius of 666.21 feet, a delta of 17° 27' 31”, an arc of 203.00 feet, a chord of 202.22 feet, a chord bearing North 87° 52' 15” West; (said curve being the Northerly right of way of a spur line), thence South 2° 03' 34” West, 60.69 feet; thence South 0° 26' 05” West, 30.75 feet; thence North 77° 48' 07” East, 859.26 feet; thence North 0° 09' 55” East, 30.71 feet to the Point of Beginning.
Including the following:
(A) All of the land (the “Land”) in Pinellas County, Florida, described above, and made a part hereof, to have and to hold the same, together with all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages, projections appurtenances, water rights (including riparian and littoral rights), streets, ways, alleys, strips and gores of land now or hereafter in anyway belonging “ to, adjoining, appurtenant to, crossing, or pertaining to the Land.
(B) All buildings, betterments, structures, improvements and fixtures of any nature now or hereafter constructed or located, in whole or in part, on the Land, regardless of whether physically affixed thereto or now or hereafter severed or capable of severance from the Land (collectively, the ''Improvements”).
(C) All tangible property (collectively, the “Equipment”) now or hereafter owned by the Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Land or the Improvements. The Equipment includes, without limitation, the following: (l) all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for, fire prevention or extinguishing; (2) all elevators, escalators, lifts and dumbwaiters; (3) all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, furnaces and incinerators; (4) all furniture, furnishings, fixtures, appliances, installations, partitions, projection systems, shelving, cabinets, lockers, vaults and wall safes; (5) all carpets, carpeting, rugs, underpadding, linoleum, tiles, mirrors, wall coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; (6) all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; (7) all alarm safety, electronic, telephone, music, entertainment and communications equipment and systems; (8) all janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment, and supplies; (9) all storage tanks (including, without limitation, underground storage tanks) together with pipes, lines and other equipment associated therewith; and (10) any other items of property, wherever kept or stored, if acquired by the Mortgagor with the intent of incorporating them in or using them in connection with the Land or the Improvements.
(D) All rights of the Mortgagor and to all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Land or the Improvements), or any alteration of the grade of any street upon which the Land abuts or any other injury to, taking of, or decrease in the value of the Land or the Improvements or any part thereof.
(E) All rights of the Mortgagor in and to any hazard, casualty, liability, or other insurance policy carried for the benefit of the Mortgagor or the Mortgagee with respect to the Improvements or the Equipment, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for any loss of or damage to all or any portion of the Improvements or the Equipment.
(F) All rights of the Mortgagor in and to all supplies and building materials delivered to or located upon the Land or elsewhere and used or usable in connection with the construction or refurbishing of the Improvements or the Equipment.
(G) All rights of the Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, specifications, appraisals, reports, paid fees, choses-in-action, subdivision restrictions or declarations or general intangibles whatsoever now or hereafter dealing with, affecting or concerning the Land, the Improvements or the Equipment or any portion thereof or interest therein including, without limitation, the following: (1) all contracts, plans, specifications and permits for or related to the Land or its development or the construction or refurbishing of the Improvements; (2) all agreements for the provision of utilities (including any reservation of capacity for utilities) to the Land or Improvements; (3) all payment, performance or other bonds; (4) all contracts, option agreements, right of first refusal agreements and other agreements now existing or hereafter made for the sale by the Mortgagor of all or any portion of the Land or the Improvements, including any deposits paid by any purchasers (howsoever such deposits may beheld) and any proceeds of such contacts and
agreements, including any purchase-money notes and mortgages made by such purchasers; and (5) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Land.
(H) All rents, income, issues and profits of the Land, the Improvements and other property subject to this Mortgage (collectively, the “Rents”), and all leases, subleases, tenancies, licenses, franchises and occupancy agreements of any nature whatsoever now or hereafter affecting the Land” or the Improvements (collectively, the “Leases”), together with all guaranties of the Leases and all security deposits and prepaid rents under the Leases.
(I) All proceeds (and proceeds of proceeds), products, replacements, additions, betterments, extensions, improvements, substitutions, renewals and accessions of or to any of the foregoing.
Any person claiming an interest in the surplus, if any, from the judicial sale of the Property, other than the Property owner, as of the date of the Notice of Lis Pendens, must file a claim within sixty (60) days after the judicial sale of the Property.
WITNESS my hand and the seal of the Court on the 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.
SHUMAKER, LOOP &
KENDRICK, LLP
By: TAMMY N. GIROUX, Esq. (Fla. Bar No. 0999938)
Bank of America Plaza, Suite 2800
101 E. Kennedy Boulevard
Tampa, FL 33602
Phone: (813) 229-7600/
Facsimile: (813) 229-1660
E-mail: [email protected]
Counsel for Plaintiff, Bay Cities Bank
August 19, 26, 2011 11-05450