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FIRST INSERTION
NOTICE OF SALE
(Summit Lakes)
IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
GENERAL JURISDICTION
DIVISION
case no. 10-5326-CA
WELLS FARGO BANK, N.A,
Plaintiff, vs.
WATERWAYS JOINT VENTURE V, LLC; NAPLES 106, LLC; et al.
Defendants.
NOTICE IS given that pursuant to a Summary Final Judgment of Foreclosure dated June 23, 2011 in the Circuit Court for Collier County, Florida in which REDUS FLORIDA LAND, LLC is the Plaintiff and WATERWAYS JOINT VENTURE IV, LLC; GOODLAND BRISTOL SUMMIT, LLC; GOODLAND GOLDEN GATE, LLC; WATERWAYS JOINT VENTURE V, LLC; NAPLES 106, LLC; ROBERT B. MILLER; AMNON GOLAN; DINA GOLAN; SUSAN F. SELIGMAN; BRIAN I. SELIGMAN; RICHARD A. DAVENPORT; KAREN C. DAVENPORT; SUMMIT PLACE COMMUNITY ASSOCIATION, INC.; BRISTOL PINES COMMUNITY ASSOCIATION, INC.; JUAN BUCETA; LUCIA BUCETA; ROLLIE E. CLEVELAND; JOAN G. CLEVELAND; ANTHONY PUCCIA; PAMELA PUCCIA; OLGA RINALDI; TERESA SANCHEZ; DON KOZIOL; FORT MYERS BROADCASTING COMPANY, d/b/a WINK-TV; PABLO E. FRIEDRICH; LILIAN P. CHAVES; ANA ISABEL RODRIGUEZ; NAPLES MOTORCOACH RESORT, INC., f/k/a OUTDOOR RESORTS OF NAPLES, INC.; GENERAL ELECTRIC COMPANY; KENNETH SHEPPARD; CATHERINE SHEPPARD; NATHAN COLLINS; NATASHA COLLINS; EMANNUEL HERAND; ISEMIQUE PAUL; KATHLEEN F. LORUSSO; STEPHEN LORUSSO; YVONNE RHODEN; TONY RHODEN; GIANNIE CORIGNOLO; MARIA-CONCETTA FINOCCHIARO; JEANETTE VARGAS; CARLOS LEON; MARTHA LEON; MAYRA SAVINOVICH; JOSHUA NEGRETE; JOYCE BLANK; LORY BALAMUT; BILL SPANO; KAREN SPANO; JILL ANDERSON; LUZ CRESWELL; JOHN SLAUGH; BRENDA VOGEL; SAMUAL SYLVESTRE; DAPHANE SYLVESTRE; LARRY UTTERBACK; KELLY UTTERBACK; LUISA LIZARRALDE; LAZARO LOPEZ; MARIA JIMENEZ; NELSON LEON; ARELIS DELGAGO SANCHEZ; FRANK PERALTA MULERO; BRENT SMITH; TAMMY SMITH; RYAN CRAWFORD; SEBASTIAN LIBERTINO; JONATHAN GARRICK; KELLY GARRICK; DUSTY SIEGLER; DOUGLAS BURNS; MICHAEL PETERSON; AMY PETERSON; MATTHEW SINGER; RACHEL CHRISTIAN; NIKKIE MELLO; ANGELA MARTINEZ; JORGE GONZALEZ; JANE BADGE; JOHN M. RIGBY; NAY TUN; MONICA ULLOA; JILL M. ANDERSON; STEPHANIE MCGUIRE; STEPHEN MCGUIRE; GUSTAVO JIMENEZ; and MARTHA LOPEZ are the Defendants, I will sell to the highest and best bidder for cash at the 1st floor Atrium of the Courthouse Annex, Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112, on November 7, 2011 at 11:00 a.m., the following described Property set forth in the Summary Final Judgment of Foreclosure:
Summit Lakes Real Property, Naples 106 Real Property, Summit Lakes Collateral, and all permits, approvals, refunds, deposits, impact fee credits and other property, contracts, and entitlements secured by the Summit Lakes Assignment (as such terms are defined in the Verified Complaint). The Property will be sold free and clear of all claims of the Defendants. The legal description of the Summit Lakes Real Property, situated in Collier County, Florida is attached hereto and made a part hereof as Exhibit A. The legal description of the Naples 106 Real Property, situated in Hendry County, Florida is attached hereto and made a part hereof as Exhibit B.
EXHIBIT A
Parcel 1 (Outdoor Resorts)
The West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof; ALSO LESS AND EXCEPT the lands described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida.
Parcel 2 (Outdoor Resorts)
The West 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the following described portion: Begin at the Southeast corner of said West 1/2, thence North 2° 19' 4” West, on the East line of said West 1/2 a distance of 267.62 feet; thence North 89° 59' 9” West, a distance of 660.58 feet to a point on the West line of said West 1/2; thence South 2° 18' 30” East, on said West line a distance of 267.79 feet to a point on the South line of said West 1/2; thence North 89° 59' 58” East, on the South line of said West 1/2 a distance of 660.62 feet to the Point of Beginning.
Parcel 3 (Outdoor Resorts)
The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the following described portion: Begin at the Southwest corner of said West 1/2; thence North 2° 17' 20” West, on the West line of said West 1/2 a distance of 362.58 feet; thence North 89° 59' 58” East, a distance of 658.26 feet; thence North 2° 17' 55” West, parallel to the East line of said West 1/2 a distance of 350.74 feet; thence South 88° 49' 57” East, a distance of 2.30 feet to a point on the East line of said West 1/2; thence South 2° 17' 55” East, on said East line a distance of 713.28 feet to the Southeast corner of said West 1/2; thence South 89° 59° 58” West, on the South line of said West 1/2 a distance of 660.62 feet.
Parcel 4 (Outdoor Resorts)
The East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida; LESS AND EXCEPT the following described portion: Begin at the Southwest corner of said East 1/2; thence North 2° 17' 55” West, on the West line of said East 1/2 a distance of 713.28 feet; thence South 88° 49' 57” East, a distance of 661.18 feet to a point on the East line of said East 1/2; thence South 2° 18' 30” East, on the East line of said East 1/2, a distance of 699.79 feet to a point on the South line of said East 1/2; thence South 89° 59' 58” West, on the South line of said East 1/2 a distance of 660.62 feet to the Point of Beginning.
Parcel 5 (Outdoor Resorts)
The North 80% of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida.
Parcel 6 (Outdoor Resorts)
The East 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the North 100 feet thereof for road right of way; ALSO LESS AND EXCEPT the land described in Official Records Book 3188, Page 1723, of the public records of Collier County, Florida.
Parcel 7 (Koleque Parcel One)
The North 1/2 of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 26, Township 48 South, Range 26 East, of the public records of Collier County, Florida.
Parcel 8 (Koleque Parcel Two)
The South 20% of the East 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, Collier County, Florida, LESS the East 30 feet thereof for right of way for ingress and egress purposes, as recorded in Official Records Book 642, Page 1588, in the public records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 26, Township 48 South, Range 26 East, run along the Easterly line of said Section a bearing of South 02° 21' 08” East for 2675.77 feet to a found 5/8 inch iron rod, being the Easterly 1/4 corner of said Section and a Point of Beginning; thence run South 89° 58' 26” West along the quarter section line, 660.62 feet to a 4 inch concrete monument, said monument being the common corner of this parcel and the Northeast corner of Crystal Lake RV Resort; thence run North 02° 20' 40” West, a distance of 267.60 feet to a set 5/8 inch iron rod with cap; thence run North 89° 58' 42” East, a distance of 660.58 feet to a 5/8 inch iron rod that was found at the intersecting point on the Easterly section line; thence run South 02° 21' 08” East along the Easterly line of the section a distance of 267.58 feet to the Point of Beginning, LESS the Easterly 30 feet reserved for a road ingress/egress right of way as recorded in Official Records Book 642, Page 1588, in the public records of Collier County, Florida.
Parcel 9 (Capiello Parcel)
A parcel of land lying in Section 26, Township 48 South, Range 26 East, of Collier County, Florida, being more particularly described as follows: The West 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 48 South, Range 26 East, of Collier County, Florida, LESS AND EXCEPT therefrom the North 178.91 feet. Commencing at the North 1/4 corner of Section 26, Township 48 South, Range 26 East, of Collier County, Florida; thence along the North line of the Northeast 1/4 of said Section 26, South 89° 58' 17” East, a distance of 1320.35 feet, to the Northwest corner of the West 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 26; thence along the West line of the said West 1/2, South 02° 18' 21” East, a distance of 179.06 feet, to the Point of Beginning of the parcel herein described, said point being on a line perpendicular to the said North line and Southerly 178.91 feet; thence Easterly and parallel to the said North line, South 89° 58' 17” East, a distance of 660.21 feet to the East line of the said West 1/2; thence along the said East line South 02° 19' 00” East, a distance of 1158.95 feet, to the Southeast corner of the said West 1/2; thence along the South line of the said West 1/2, North 89° 59' 07” West, a distance of 660.42 feet to the Southwest corner of the said West 1/2; thence along the said West line North 02° 18' 21” West, a distance of 1159.10 feet, to the Point of Beginning of the parcel herein described.
Parcel 10 (Ferguson Parcel)
A parcel of land lying in the West 1/2 of the Northeast 1/4 of the Northeast 1/4, LESS the North 100 feet of Section 26, Township 48 South, Range 26 East, of Collier County, Florida being more particularly described as follows: Commencing at the North 1/4 corner of Section 26, Township 48 South, Range 26 East, of Collier County, Florida; thence along the North/South quarter line of said Section 26, South 02° 17' 02” East, 179.03 feet to the Point of Beginning of the parcel described herein; thence continue along said quarter line also being the East property line of the boundary line agreement recorded in Official Records Book 2228, Page 1540 through 1544, of the public records of Collier County, Florida, South 02° 17' 02” East, 1159.43 feet to the South line of the said boundary agreement; thence along said boundary agreement the following two courses; 1) North 89° 58' 36” West, 528.56 feet; 2) North 02° 16' 14” West, 1180.43 feet to the intersection with South boundary line of parcel 102 as described in Official Records Book 3128, Page 2557; thence continue along the South boundary of said parcel 102 the following three courses: 1) South 89° 58' 39” East, 196.60 feet; 2) South 00° 01' 21” West, 21.00 feet; 3) South 89° 58' 39” East, 332.54 feet to the Point of Beginning of the parcel herein.
EXHIBIT B
Parcel 1
A parcel of land in Sections 25 and 26, Township 45 South, Range 29 East, Hendry County, Florida, being more particularly described as follows:
Commencing at the Southwest corner of Section 23, Township 45 South, Range 29 East; thence N. 89° 40' 38” E., along the South line of said Section 23, and its Easterly extension as described in Boundary Agreement, recorded in Official Records Book 516, Page 121, of the Public Records of Hendry County, Florida, being also the South line of a 50 foot wide Access Easement, a distance of 5776.13 feet to the intersection with the Westerly boundary line of an Abandoned Seaboard System Railroad right of way and the Point of Beginning of the following described parcel; thence S. 04° 30' 05” W., along said Westerly railroad right of way line, a distance of 2498.35 feet to an intersection with the Northerly boundary line of an 80 foot wide Hendry County Road and Drainage right of way, as described in Official Records Book 594, Page 127, Public Records of Hendry County, Florida; thence S. 88° 56' 35” W., along said Northerly County right of way line, a distance of 1506.83 feet to the Easterly line of that parcel described in Official Records Book 630, Page 669, Hendry County Public Records; thence N. 02° 12' 21” W., along the Easterly line of said Parcel described in Official Records Book 630, Page 669, a distance of 2912.71 feet to the Northeast corner of said Property described in Official Records Book 630, Page 669 and the True South Line of Section 23; thence N. 88° 58' 44” E., along said True Section line, a distance of 610.35 feet to the Southeast corner of said Section 23; thence N. 88° 37' 58” E., along the South line of Section 24, a distance of 991.77 feet to the said abandoned Seaboard System Railroad right of way; thence S. 04° 30' 05” W., along said Westerly railroad right of way a distance of 483.35 feet to the Point of Beginning of this description.
LESS AND EXCEPT that portion of the above described lands conveyed to Hendry County, by Warranty Deed For Right of Way, recorded January 4, 2000 in Official Records Book 594, Page 126, of the public records of Hendry County, Florida.
Parcel 2
A non-exclusive easement for ingress and egress described as follows:
60 foot Access Easement Agreement
A strip of land being 60 feet wide (as measured at right angles to the sidelines thereof), lying 30 feet on both sides of the following described centerline: Commencing at the Southwest corner of said Section 23, Township 45 South, Range 29 East, Hendry County, Florida; thence N. 05° 36' 55” W., along the West line of said Section 23, a distance of 30.00 feet; thence N. 83° 58' 44” E., along a line lying 30 feet North of (as measured at right angles) and parallel to the South line of said Section 23, as shown on survey prepared by Horace A. Wilson, PLS, Florida Certificate Number 1677, for W. D. Roberts and Richard Roberts (Trustee), dated March 27, 1985, a distance of 1833.66 feet to an intersection with the centerline of an existing farm road; thence along the said centerline for the next three (3) courses; N. 39° 04' 13” E., a distance of 249.78 feet; thence N. 23° 28' 39” E., a distance of 174.93 feet; thence N. 17° 09' 00” E., a distance of 79.58 feet to an intersection with the centerline of an intersecting farm road and the Point of Beginning of the herein described easement; thence along the centerline of said existing farm road for the following twenty (20) courses: N. 89° 23' 41” E., a distance of 264.71 feet; thence N. 85° 28' 38” E., 217.64 feet; thence S. 89° 12' 13” E., a distance of 272.48 feet; thence N. 64° 14' 08” E., a distance of 154.85 feet; thence S. 63° 19' 18” E., a distance of 99.97 feet; thence S. 87° 23' 42” E., a distance of 177.86 feet; thence N. 36° 32' 44” E., a distance of 222.95 feet; thence S. 74° 09' 11” E., a distance of 175.62 feet; thence S. 59° 20' 24” E., a distance of 375.12 feet; thence S. 81° 04' 53” E., a distance of 273.66 feet; thence S. 59° 38' 26” E., a distance of 204.16 feet; thence S. 42° 57' 55” E., a distance of 29.35 feet to the Point of Terminus of the herein described centerline. Sidelines to be shortened or extended so as to form a continuous strip.
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.
“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 Mark A. Middlebrook, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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 or voice impaired, call 711.”
DATED: September 23, 2011
DWIGHT E. BROCK
Clerk of Circuit Court
Alexis Mire, Deputy Clerk
Michael D. Randolph, Esq.
GrayRobinson, P.A.
5551 Ridgewood Dr., Suite 101
Naples, FL 34108 # 189222 v1
October 21, 28, 2011 11-2941C