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FIRST INSERTION
NOTICE OF JUDICIAL SALE PURSUANT TO SECTION 45.031(1), FLORIDA STATUTES
IN THE CIRCUIT COURT FOR THE 12TH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 2008-CA-10566
VILLAGES OF AVIGNON COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government of the State of Florida,
Plaintiff, v.
29TH STREET EAST HOLDINGS, LLC, a Florida limited liability company; et al.,
Defendants.
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY given that pursuant to the Final Judgment of Foreclosure entered on November 28, 2011, in Case No. 2008-CA-10566, of the Circuit Court of the 12TH Judicial Circuit for Manatee County, Florida, in which VILLAGES OF AVIGNON COMMUNITY DEVELOPMENT DISTRICT is Plaintiff, and 29TH STREET EAST HOLDINGS, LLC; DE CAP DEVELOPMENT TWO, LLC; SYNOVUS BANK f/k/a SYNOVUS BANK OF TAMPA BAY; PROFESSIONAL CONCRETE, INC.; KING ENGINEERING ASSOCIATES, INC.; WALL & SIGN CONCEPTS, LLC; BUILDER SERVICES GROUP, INC., f/k/a MASCO CONTRACTOR SERVICES CENTRAL, INC., d/b/a GALE INTERIOR SOLUTIONS; T-CON, INC.; SUPERIOR ASPHALT, INC.; JOSEPH M. FLETCHER and DOROTHY M. FLETCHER, are the Defendants. R.B. “Chips” Shore, Clerk of the Circuit Court, will sell at public sale the following described real property:
See Exhibits “A” and “B” attached hereto.
Exhibit “A”
A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; BEING DESCRIBED AS FOLLOWS:
PROPOSED LOTS 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 LAURIS, AT THE VILLAGES OF AVIGNON, A SUBDIVISION IN SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE N. 00Ëš01'34”E., ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE 663.49 FEET; THENCE N.42Ëš00'35”W., A DISTANCE OF 576.19 FEET FOR A POINT OF BEGINNING AND THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 151.90 FEET, A CHORD BEARING OF N.88Ëš35'55”W., AND A CHORD LENGTH OF 4.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 1Ëš30'32”, A DISTANCE OF 4.00 FEET; THENCE N.89Ëš21'11”W., A DISTANCE OF 260.00 FEET; THENCE N.00Ëš38'49” E., A DISTANCE OF 100.00 FEET; THENCE S.89Ëš21'11”E., A DISTANCE OF 264.00 FEET; THENCE S.00Ëš38'49”W., A DISTANCE OF 100.05 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH
AN ACCESS AND UTILITIES EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 2196, PAGE 2431, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, OVER THE FOLLOWING DESCRIBED LAND:
A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; BEING DESCRIBED AS FOLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE N.00Ëš01'34”E., ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE 663.49 FEET; THENCE N.72Ëš25'53”W., A DISTANCE OF 412.28 FEET FOR A POINT OF BEGINING;
THENCE N.89Ëš21'11”W., A DISTANCE OF 620.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 75.00 FEET, A CHORD BEARING OF N.44Ëš21'11”W., A CHORD LENGTH OF 106.07 FEET, AND A CENTRAL ANGLE OF 90Ëš00'00”; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 117.81 FEET; THENCE N.00Ëš38'49”E., A DISTANCE OF 153.80 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF N.38Ëš30'46”W., A CHORD LENGTH OF 31,57 FEET, AND A CENTRAL ANGLE OF 78Ëš19'09”; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 34.17 FEET; THENCE N.00Ëš47'27”E., A DISTANCE OF 50.52 FEET; THENCE S.89Ëš21'11”E., A DISTANCE OF 355.30 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF N.45Ëš38'49”E., A CHORD LENGTH OF 35.36 FEET, AND A CENTRAL ANGLE OF 90Ëš00'00”; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET; THENCE N.00Ëš38'49”E., A DISTANCE OF 112.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF 28TH STREET COURT EAST; THENCE S.89Ëš21'13”E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET; THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S.00Ëš38'49”W., A DISTANCE OF 112.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF S.44Ëš21'11”E., A CHORD LENGTH OF 35.3 6 FEET, AND A CENTRAL ANGLE OF 90Ëš00'00”; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET; THENCE S.89Ëš21'11”E., A DISTANCE OF 260.00 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 151.90 FEET, A CHORD BEARING OF S.00Ëš38'49”W., A CHORD LENGTH OF 303.80 FEET, AND A CENTRAL ANGLE OF 180Ëš00'00”; THENCE SOUTHERLY ALONG THE ARC OF SIAD CURVE, A DISTANCE OF 477.21 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT:
A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; BEING DESCRIBED AS FOLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE N.00Ëš01'34”E., ALONG THE EAST LINE OF SAID NORTHWEST ¼, A DISTANCE 663.49 FEET; THENCE N.72Ëš25'53”W., A DISTANCE OF 412.28 FEET; THENCE N.00Ëš38'49”E., A DISTANCE OF 50.00 FEET FOR A POINT OF BEGINNING; THENCE N.89Ëš21'11”W., A DISTANCE OF 620.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF N.44Ëš21'11”W., A CHORD LENGTH OF 35.36 FEET, AND A CENTRAL ANGLE OF 90Ëš00'00”; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET; THENCE N.00Ëš38'49”E., A DISTANCE OF 153.80 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF N.45Ëš38'49”E., A CHORD LENGTH OF 35.36 FEET, AND A CENTRAL ANGLE OF 90Ëš00.00”; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET; THENCE S.89Ëš21'11”E., A DISTANCE OF 620.49 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 101.90 FEET, A CHORD BEARING OF S.00Ëš38'49”W., A CHORD LENGTH OF 203.80 FEET, AND A CENTRAL ANGLE OF 180Ëš00'00”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 320.13 FEET TO THE POINT OF BEGINNING.
Exhibit “B”
Begin at the Southeast corner of the Northwest ¼ of Section 7, Township 34 South, Range 18 East; thence North 00Ëš1'15” West along the East line of said Northwest ¼, a distance of 1224.32 feet to the point of intersection of said East line and the South R/W line of 28th Street Court East; thence North 89Ëš25'27” West along said R/W, a distance of 1104.32 feet; thence South 00Ëš40'08” West along a line lying 1500 feet East of the West line of said Northwest ¼, a distance of 560.08 feet to a point on the North line of the South ½ of the Southeast ¼ of said Northwest ¼; thence South 89Ëš25'27” East along said North line, a distance of 188.07 feet; thence South 00Ëš01'15” East, 662.39 feet to a point on the South line of said Northwest ¼; thence South 89Ëš21'21” East along said South line, a distance of 923.00 feet to the Point of Beginning.
LESS the property described in Official Records Book 1802, Page 6661 as:
Begin at the Southeast corner of Northwest ¼ of Section 7, Township 34 South, Range 18 East; thence North 00Ëš01'15” West along East line of said Northwest ¼, a distance of 663.49 feet; thence North 89Ëš25'27” West, parallel to aforementioned North line of Southeast ¼ of said Northwest ¼ and 580.80 feet therefrom, a distance of 923.0 feet; thence South 00Ëš01'15” East, 662.39 feet to a point on South line of said Northwest ¼; thence South 89Ëš21'21” East, along said South line a distance of 923.0 feet to the Point of Beginning, lying and being in Manatee County, Florida.
ALSO LESS the property conveyed to VILLAGES OF AVIGNON COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes by Warranty Deed recorded 04/05/07 in Official Records Book 2196, Page 2427 of the Public Records of Manatee County, Florida.
ALSO LESS the property conveyed to 29th STREET EAST HOLDINGS, LLC, a Florida limited liability company by Special Warranty Deed recorded 05/08/07 in Official Records Book 2202, Page 6487 of the Public Records of Manatee County, Florida.
THE SALE will be held at 11:00 A.M. (Eastern Time) on December 28, 2011, to the highest and best bidder for cash, via the internet at www.manatee.realforeclose.com, in accordance with Section 45.031, Florida Statutes.
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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
DATED on November 29, 2011.
/s/ Mitchell E. Albaugh, Esq.
(FBN 297925)
For the Court
CLARK & ALBAUGH, LLP
700 W. Morse Boulevard, Suite 101
Winter Park, Florida 32789
(407) 647-7600 telephone
(407) 647-7622 facsimile
Attorneys for Plaintiff
December 9, 16, 201 11-2720M