-
-
Loading
Loading
FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
Case No. 10-CA-3663-WS
FIFTH THIRD BANK, an Ohio banking corporation,
Plaintiff, v.
STARKEY RANCH INVESTMENT
COMPANY, LLC, a Florida limited liability company; STARKEY LAND COMPANY, LLC, a Florida limited liability company; FRANK STRAUB STARKEY, an individual; JAY B. STARKEY, III, an individual;
LAURA LYNN STARKEY, an individual; BARRY W. GAY, an individual; and KATHRYN G. DEVINCENTE, an individual,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Uniform Final Judgment of Foreclosure Against Starkey Ranch Investment Company, LLC and Starkey Land Company, LLC entered in the above-entitled cause in the Circuit Court of Pasco County, Florida, the Clerk of the Court will sell to the highest and best bidder for cash, in an online sale at www.pasco.realforeclose.com, at 11:00 a.m. on the 20th day of January, 2012, the following described property set forth in the Uniform Final Judgment of Foreclosure Against Starkey Ranch Investment Company, LLC and Starkey Land Company, LLC:
SEE EXHIBITS A AND B
ATTACHED HERETO.
EXHIBIT “A”
PARCEL 1
Commercial Parcel 'M'
A parcel of land lying within the northwest 1/4 of Section 30, Township 26 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the northwest corner of Section 30, Township 26 South, Range 17 East, Pasco County, Florida ; thence along the North boundary of said northwest 1/4 of Section 30, South 88°59'58” East, for 69.63 feet to an intersection with the northerly right-of-way of State Road number #54 (Gunn Highway), according to the Florida Department of Transportation right-of-way maps Segment 256336 1, dated 4-20-99, the same being the POINT OF BEGINNING; thence continue South 88°59'58” East along said North boundary of the northwest 1/4 of Section 30 , the same also being the South line of Sienna Woods as recorded in Plat Book 25, Pages 85 through 87, same also being the South line of Longleaf Phase One as recorded in Plat Book 37, Pages 140 through 147 all of the Public Records of Pasco County, Florida, a distance of 1,720.18 feet; thence South 07°23'27” East, for 34.49 feet along the southerly boundary of said Longleaf Phase One to the intersection with the proposed westerly right-of-way of Starkey Boulevard as shown on Pasco County right-of-way maps, work order number # C-4837.00, dated 1-09-01, revision 5, the same being the point of curvature of a non-tangent curve; thence leaving said southerly boundary of Longleaf Phase One and along said proposed westerly right-of-way of Starkey Boulevard, 423.75 feet along the arc of curve to the right, said curve having a radius of 2,640.00 feet, a central angle of 09°11'48”, and a chord of 423.30 feet which bears South 45°48'27” West; thence continue along said proposed westerly right-of-way of Starkey Boulevard South 50°24'21” West (Being the basis of bearings for this description), for 764.58 feet to the intersection with the northerly right-of-way of State Road number #54 (Gunn Highway)according to the Florida Department of Transportation right-of-way maps Segment 256336 1, dated 4-20-99; thence along said northerly right-of-way of State Road number #54 North 44°29'25” West, for 1,186.78 feet to the POINT OF BEGINNING.
PARCEL 2
Commercial Parcel 'N'
A parcel of land lying within the northwest 1/4 of Section 30, Township 26 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
Commence at the northwest corner of Section 30, Township 26 South, Range 17 East, Pasco County, Florida; thence along the North boundary of said northwest 1/4 of Section 30, South 88°59'58” East, for 69.63 feet to an intersection with the northerly right-of-way of State Road number #54 (Gunn Highway), according to the Florida Department of Transportation right-of-way maps Segment 256336 1, dated 4-20-99; thence along said northerly right-of-way of State Road number #54, South 44°29'25” East, for 1,247.00 feet to the intersection with the proposed centerline of Starkey Boulevard as shown on Pasco County right-of-way maps, work order number # C-4837.00, dated 1-09-01, revision 5; thence along said proposed centerline of Starkey Boulevard, North 50°24'21” East, for 759.59 feet; thence leaving said proposed centerline South 39°35'39” East, for 60.00 feet to the intersection with the proposed East right-of-way of said Starkey Boulevard the same also being the POINT OF BEGINNING, said point also being the beginning of a curve to the left, of which the radius point lies North 39°35'39” West, a radial distance of 2,760.00 feet; thence along said proposed East right-of-way of Starkey Boulevard the following seven (7) courses; (1) 296.51 feet northeasterly along the arc of said curve, with a radius of 2,760.00 feet, a central angle of 06°09'19”, and a chord distance of 296.37 feet which bears North 47°19'41” East; (2) South 45°44'58” East, for 15.00 feet to a non-tangent curve; (3) 142.17 feet along the arc of curve to the left, said curve having a radius of 2,775.00 feet, a central angle of 02°56'08”, and a chord of 142.16 feet which bears North 42°46'58” East; (4) South 55°26'50” East, for 5.61 feet; (5) South 62°48'39” East, for 35.99 feet; (6) South 73°24'36” East, for 61.74 feet; (7) North 40°12'24” East, for 4.57 feet; thence leaving said proposed East right-of-way of said Starkey Boulevard South 31°41'08”E East, for 81.37 feet; thence South 09°06'45” East, for 64.67 feet; thence South 55°50'41” East, for 85.28 feet; to the intersection with the westerly boundary of the Florida Power Corporation Parcel as described in Official Records Book 276, pages 184 through 186 of the Public Records of Pasco County Florida; thence South 34°09'19” West along said westerly boundary of the Florida Power Corporation Parcel and the Easterly boundary of the Starkey Parcel recorded in Official Records Book 1592, Pages 1753 through 1758 of the Public Records of Pasco County, Florida, respectively, for 1221.11 feet to the intersection of said northerly right-of-way of State Road number #54; thence along said northerly right-of-way North 44°29'25” West, for 631.60 feet to said proposed East right-of-way of Starkey Boulevard; thence along said proposed East right-of-way of Starkey Boulevard the following nine (9) courses; (1) North 50°24'21” East, for 344.37 feet; (2) South 39°35'39” East, for 10.00 feet; (3) North 50°24'21” East, for 100.35 feet; (4) South 82°46'05” East, for 49.22 feet; (5) North 79°00'19” East, for 62.12 feet; (6) North 63°54'13” East, for 47.23 feet; (7) North 52°01'55” East, for 93.40 feet; (8) North 39°35'39” West, for 89.31 feet; (9) North 50°24'21” East, for 82.07 feet to the POINT OF BEGINNING.
PARCEL 3
LEGAL DESCRIPTION:
A parcel of land being a portion of Section 30, Township 26 South, Range 17 East, Pasco County, Florida, being more particularly described as follows:
COMMENCE at the Northeast corner of the Northeast 1/4 of Section 30, Township 26 South, Range 17 East, Pasco County, Florida; thence S89°06'46”E, along the North line of the Northwest 1/4 of Section 29, Township 26 South, Range 17 East, Pasco County, Florida (being the basis of bearings for this legal description), for 419.88 feet to the Northwest corner of WEST PASCO INDUSTRIAL PARK, PHASE II UNIT 3, as recorded in Plat Book 45, Page 55 of the Public Records of Pasco County, Florida; thence leaving said North line of the Northwest 1/4 of Section 29, S00°12'36”W, along the West line of said WEST PASCO INDUSTRIAL PARK, PHASE II UNIT 3, for 1,322.86 feet to the Southwest corner of said WEST PASCO INDUSTRIAL PARK, PHASE II UNIT 3, same being the point of intersection with the North line of WEST PASCO INDUSTRIAL PARK - PHASE III, as recorded in Plat Book 45, Page 58 of the Public Records of Pasco County, Florida; thence leaving said West line of WEST PASCO INDUSTRIAL PARK, PHASE II UNIT 3, N89°06'38”W, along said North line of WEST PASCO INDUSTRIAL PARK - PHASE III, for 419.40 feet to the Northwest corner of said WEST PASCO INDUSTRIAL PARK - PHASE III, same also being the point of intersection with the East line of said Northeast 1/4 of Section 30; thence leaving said North line of WEST PASCO INDUSTRIAL PARK - PHASE III, N89°00'50”W, along the North line of the South 3/4 of said Section 30, same being the North line of that certain property as described in Official Records Book 1506, Page 713 of the Public Records of Pasco County, Florida, for 2,414.46 feet to the Northwest corner of said certain property as described in Official Records Book 1506, Page 713, same being the POINT OF BEGINNING; thence leaving said North line of the South 3/4 of Section 30, S00°11'33”W, along the West line of said certain property as described in Official Records Book 1506, Page 713 and the West line of that certain property as described in Official Records Book 6041, Page 1184 of the Public Records of Pasco County, Florida, respectively, for 1,284.71 feet to the point of intersection with the Northerly Right-of-Way line of State Road 54, according to Official Records Book 4413, Page 430 of the Public Records of Pasco County, Florida, same being the point of intersection with a non-tangent curve, concave Northeasterly; thence leaving said West line of that certain property as described in Official Records Book 6041, Page 1184, Northwesterly along said Northerly Right-of-Way of State Road 54, according to Official Records Book 4413, Page 430, same being along the arc of said curve, with a radial bearing of N26°58'40”E, having a radius of 1,785.19 feet, a central angle of 16°52'25”, an arc length of 525.74 feet, and a chord bearing N54°35'08”W for 523.84 feet to the point of intersection with the Northerly Right-of-Way line of State Road 54, according to that certain State of Florida Department of Transportation Right-of-Way map prepared by the Genesis Group, Inc., Work Program Item/Segment 256336 1, dated 4/15/99, same being the point of intersection with a non-tangent line; thence N44°29'20”W, continuing along said Northerly Right-of-Way line of State Road 54, according to that certain State of Florida Department of Transportation Right-of-Way map prepared by the Genesis Group, Inc., Work Program Item/Segment 256336 1, dated 4/15/99, for 280.25 feet to the point of intersection with the East line of that certain property as described in Official Records Book 6142, Page 1332 of the Public Records of Pasco County, Florida; thence N00°11'33”E, along said East line of that certain property as described in Official Records Book 6142, Page 1332 and the East line of that certain property as described in Official Records Book 6873, Page 1817 of the Public Records of Pasco County, Florida, respectively, for 791.98 feet to the point of intersection with said North line of the South 3/4 of Section 30; thence leaving said East line of that certain property as described in Official Records Book 6873, Page 1817, S89°00'50”E, along said North line of the South 3/4 of Section 30, for 625.06 feet to the POINT OF BEGINNING.
Containing 668,585 square feet or 15.349 acres, more or less.
EXHIBIT B
“Borrower” refers to Starkey Ranch Investment Company, LLC and Starkey Land Company, LLC
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances, including but not limited to all structures, buildings and improvements of every kind and on the real property described above, and all vacated alleys and streets abutting the Property, and all riparian and littoral rights, easements (excluding easements recorded orotherwise on, across, over, under, or through the Remainder of the Starkey Ranch Property as defined in that certain Settlement and Compromise Agreement between Assignor and Assignee), royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the Property, and all fixtures, fences, machinery, equipment, building materials, appliances ,or trees and plants located in, or on, or used, or intended to be used in connection with the Property.
FURTHER TOGETHER WITH all rents, issues, income, profits and all accounts receivable generated through the use of the Property and any leases regarding the Property which Assignee hereafter designates in writing to Assignor within thirty days after execution of this Assignment.
FURTHER TOGETHER WITH those rights regarding the Property as set forth in paragraphs 34 and 35 of that certain Settlement Agreement between Assignee and Assignor.
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 WITH THE CLERK WITHIN 60 DAYS AFTER THE SALE.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding should contact Dade City (352) 521-4274, Ext. 8110; New Port Richey (727) 847-8100; TDD 1-800-955-8771 via Florida Relay Service; no later than seven (7) days prior to any proceeding.
Dated: December 22, 2011.
Mark J. Wolfson (FBN 0352756)
Christina Y. Taylor (FBN 0057616)
Foley & Lardner LLP
100 North Tampa Street, Suite 2700
Tampa, FL 33602-5810
Telephone: 813.229.2300
Facsimile: 813.221.4210
Dec. 30 2011; Jan. 6 2012 11-2831P