11-2554H

FIRST INSERTION
NOTICE of sale
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
Case No. 11-CA-006825
Division: D
METLIFE BANK, N.A.,
a national banking association,
Plaintiff, vs.
5002 WEST WATERS OWNER, LLC, a Delaware limited liability company,
Defendant.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure entered August 18, 2011 in the above-styled cause in the Circuit Court of Hillsborough County, Florida, I will sell the following property situated in Hillsborough County, Florida, described as:
SEE EXHIBIT “A” ATTACHED HERETO
AND BY REFERENCE MADE A PART HEREOF
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL 2:
A portion of Tract 1 as shown on TAMPA WEST INDUSTRIAL PARK PHASE 1, as recorded in Plat Book 46, Page 29, Sheets 1 through 4, of the public records of Hillsborough County, Florida, and being more particularly described as follows:
Begin at a point on the North right-of-way line of Savarese Circle, being the South line of said Tract 1, said point being a concrete monument on the West end of the South line of said Tract 1, and the Point of Beginning, said point also being a point of curve to the right, said curve having for its elements a radius of 167.00 feet, a chord bearing and distance of North 80° 12'13” West, 52.81 feet, thence along the arc of said curve, 53.03 feet to the point of a compound curve to the right said curve having a radius of 47.00 feet, chord bearing and distance of North 43° 56'58” West, 42.90 feet; thence along the arc of said curve 44.55 feet to a second point of compound curve to the right, said curve having a radius of 167.00 feet, chord bearing and distance of North 8° 06'06” West, 50.50 feet; thence along the arc of said curve to the right 50.69 feet to a point of tangency with the East right-of-way line of Savarese Boulevard, being the West boundary of said Tract 1; thence North 00° 35'43” East, along said East right-of-way line, 444.49 feet to a concrete monument and a point of curve to the right; thence along the arc of said curve, 14.98 feet, to a point on the Southerly right-of-way line of Waters Avenue, as defined by Hillsborough County Project no. 85-33-R (Phase 1) right-of-way line, said curve having for its elements a radius of 25.00 feet, chord bearing and distance of North 17° 45'50” East, 14.76 feet; thence along said Southerly right-of-way line, South 89° 08'56” East, 167.92 feet; thence continue on said right-of-way line, South 00° 51'04” West, 3.00 feet; thence continue along said line South 89° 08'56” East, 176.88 feet to a point on the West line of the East 450.00 feet of said Tract 1; thence on said West line South 00° 35'43” West, 543.46 feet, to the said North right-of-way line of Savarese Circle; thence along said North line, North 89° 18'04” West, 259.27 feet to the Point of Beginning.
MASONRY BUILDINGS OVER EAST LINE:
A portion of Tract 1 as shown on TAMPA WEST INDUSTRIAL PARK PHASE 1, as recorded in Plat Book 46, Page 29, Sheets 1 through 4, of the public records of Hillsborough County, Florida, being more particularly described as follows:
Commence at a point on the North right-of-way line of Savarese Circle, being on the South line of said Tract 1, said point being a concrete monument on the West end of the South line of said Tract 1; thence South 89° 18'04” East, along the North right-of-way line of Savarese Circle, 259.27 feet to a point on the West line of the East 450.00 feet of said Tract 1; thence leaving said North right-of-way line of Savarese Circle, along the said West line of the East 450.00 feet of Tract 1, North 00° 35'43” East, 206.62 feet to the intersection of the West line of the East 450.00 feet of Tract 1 and the South Face of an existing Masonry Building #1 feet to the Point of Beginning; thence continue along said West line of the East 450.00 feet of Tract 1 through two Masonry Buildings, North 00° 35'43” East, 109.38 feet to the intersection of the said West line of the East 450.00 feet of Tract 1 and the North Face of an existing Masonry Building #2; thence South 89° 12'53” East, 2.68 feet to the Northeast corner of said Masonry Building #2; thence South 00° 30'47” West, 109.38 feet along the face of two said Masonry Buildings, to the Southeast corner of said Masonry Building #1; thence along the South Face of said Masonry Building #1, North 89° 12'53” West, 2.84 feet to the Point of Beginning.
Said parcels being also described as follows:
OVERALL PARCEL 2 TOGETHER WITH MASONRY BUILDING PARCEL:
A portion of Tract 1 as shown on TAMPA WEST INDUSTRIAL PARK PHASE 1, as recorded in Plat Book 46, Page 29, Sheets 1 through 4, of the public records of Hillsborough County, Florida, being more particularly described as follows:
Begin at a point on the North right-of-way line of Savarese Circle, being the South line of said Tract 1, said point being a concrete monument on the West end of the South line of said Tract 1, and the Point of Beginning, said point also being a point of curve to the right said curve having for its elements a radius of 167.00 feet, a chord bearing and distance of North 80° 12'13” West, 52.81 feet; thence along the arc of said curve 53.03 feet to the point of a compound curve to the right, said curve having a radius of 47.00 feet, chord bearing and distance of North 43° 56'58” West, 42.90 feet; thence along the arc of said curve 44.55 feet to a second point of compound curve to the right, said curve having a radius of 167.00 feet, chord bearing and distance of North 8° 06'06” West, 50.50 feet; thence along the arc of said curve to the right, 50.69 feet to a point of tangency with the East right-of-way line of Savarese Boulevard, being the West boundary of said Tract 1; thence North 00° 35'43” East, along said East right-of-way line, 444.49 feet to a concrete monument and a point of curve to the right; thence along the arc of said curve, 14.98 feet, to a point on the Southerly right-of-way line of Waters Avenue, as defined by Hillsborough County, Project No. 85-33-R (Phase 1) right-of-way line, said curve having for its elements a radius of 25.00 feet, chord bearing and distance of North 17° 45'50” East, 14.76 feet; thence along said Southerly right-of-way line, South 89° 08'56” East, 167.92 feet; thence continue on said right-of-way line, South 00° 51'04” West, 3.00 feet; thence continue along said line South 89° 08'56” East, 176.88 feet to a point on the West line of the East 450.00 feet of said Tract 1; thence on said West line, South 00° 35'43” West, 227.46 feet to the North Face of an existing Masonry Building; thence South 89 ° 12'53” East, along the North face of said Masonry Building, 2.68 feet to the Northeast corner of said Masonry Building; thence South 00° 30'47” West, 109.38 feet along the face of said Masonry Building, and a second Masonry Building to the Southeast corner of said second Masonry Building; thence North 89° 12'53” West along the south Face of said second Masonry Building, 2.84 feet to the intersection with the said West line of the East 450.00 feet of Tract 1; thence South 00 ° 35'43” West, along said West line of the East 450.00 feet of Tract 1, 206.62 feet to the said right-of-way line of Savarese Circle; thence North 89° 18'04” West, along said North right-of-way line, 259.27 feet to the Point of Beginning.
INGRESS/EGRESS EASEMENT “A”
Commence at the Northeast corner of said Tract 1; thence South 00° 35'43” West, per aforementioned TAMPA WEST INDUSTRIAL PARK PHASE 1 plat, along the East boundary of Tract 1, 20.16 feet to the South right-of-way line of Waters Avenue per Hillsborough County right-of-way map, Project No. 85-33-R (Phase 1); thence along said right-of-way line and the arc of a curve, said curve having a delta angle of 00° 04'14”, radius of 100145.13 feet, chord distance of 124.11 feet, arc distance of 124.11 feet, to the end of said curve; thence continue on said South right-of-way line, North 89° 08'56” West, 291.30 feet to the Point of Beginning of Easement herein described and the point of a curve to the left, said curve having a radius of 50.00 feet, chord bearing of South 21° 07'29” West, chord distance of 34.81 feet; thence along the arc of said curve 35.56 feet to the point of a compound curve to the left, said curve having a radius of 22.00 feet, chord bearing of South 23° 45'26” East, chord distance of 17.72 feet; thence along the arc of said curve 18.24 feet to the end of said curve; thence South 42 ° 29'09” West, 44.46 feet to a point on the West boundary of the East 450.00 feet of said Tract 1, TAMPA WEST INDUSTRIAL PARK PHASE 1; thence North 00° 35'43” East, along said West boundary, 82.00 feet to the said South right-of-way line of Waters Avenue; thence South 89° 08'56” East, 34.59 feet to the Point of Beginning.
INGRESS/EGRESS EASEMENT “B”
A parcel of land being a portion of Tract 1, TAMPA WEST INDUSTRIAL PARK PHASE 1, as recorded in Plat Book 46, Page 29-2, of the public records of Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said Tract 1; thence South 00° 35'43” West, per aforementioned TAMPA WEST INDUSTRIAL PARK PHASE 1 plat, along the East boundary of Tract 1, 20.16 feet to the South right-of-way line of Waters Avenue per Hillsborough County right-of-way map, Project No. 85-33-R (Phase 1); thence along said right-of-way line and the arc of a curve, said curve having a delta angle of 00° 04'14”, radius of 100145.13 feet, chord distance of 124.11 feet, arc distance of 124.11 feet to the end of said curve; thence continue on said South right-of-way line, North 89° 08'56” West, 325.89 feet to the Point of Beginning of Easement herein described, said point being on the West boundary line of the East 450.00 feet of said Tract 1, TAMPA WEST INDUSTRIAL PARK PHASE 1; thence South 00° 35'43” West, along said West boundary line, 82.00 feet to the point of a curve to the right, said curve having for its elements a radius of 55.00 feet, chord bearing of North 19° 22'47” West, chord distance of 39.88 feet; thence leave said West boundary line, 40.81 feet along the arc of said curve to the point of tangency; thence North 00° 35'43” East, 12.74 feet to a point of curve to the left, said curve having for its elements a radius of 50.00 feet, chord bearing of North 19° 13'15” West, chord distance of 33.90 feet; thence along the arc of said curve 34.58 feet to the aforementioned South right-of-way line of Waters Avenue; thence South 89° 08'56” East, along said right-of-way line, 25.11 feet to the Point of Beginning.
MAINTENANCE BUILDING & DUMPSTER ENCLOSURE INGRESS/EGRESS EASEMENT:
A portion of Tract 1, as shown on TAMPA WEST INDUSTRIAL PARK PHASE 1, as recorded in Plat Book 46, Page 29, Sheets 1 through 4, of the public records of Hillsborough County, Florida, being more particularly described as follows:
Commence at a point on the North right-of-way line of Savarese Circle, being on the South line of said Tract 1, said point being a concrete monument on the West end of the South line of said Tract 1; thence South 89° 18'04” East, along the North right-of-way line of Savarese Circle, 265.29 feet to the Point of Beginning of easement herein described; thence leave said North right-of-way line of Savarese Circle, North 00° 30'16' East, 206.62 feet; thence North 89° 30'24” West, 2.87 feet to the Southeast corner of an existing masonry building; thence North 00° 30'47” East, along the face of said building and extension thereof and along the face of a second masonry building, 109.38 feet to the Northeast corner of said second masonry building; thence leave said masonry building face South 89° 30'24' East, 2.92 feet; thence North 00° 30'07” East, 125.27 feet; thence North 14° 07'42” West, 20.85 feet; thence North 42° 29'09” East, 44.46 feet; thence South 12° 07'32” East, 54.83 feet; thence South 00° 00'00” East, 22.23 feet; thence North 90° 00'00” East, 17.63 feet; thence South 00° 34'53” West, 145.90 feet; thence South 43° 45'14” West, 19.18 feet; thence South 00° 48'43” West, 70.59 feet; thence South 04° 22'57” West, 188.98 feet to a point on the aforementioned North right-of-way line of Savarese Circle; thence North 89° 18'04” West, along said right-of-way line, 27.77 feet to the Point of Beginning.
TOGETHER WITH:
(1) any portion of the Real Property which may be personal property, and all other personal property, whether now existing or acquired in the future which is attached to, appurtenant to, or used in the construction or operation of, or in connection with, the Real Property (but excluding any electric utility deposits);
(2) all rights to the use of water, including water rights appurtenant to the Real Property, pumping plants, ditches for irrigation, all water stock or other evidence of ownership of any part of the Real Property that is owned by Borrower in common with others and all documents of membership in any owner's association or similar group;
(3) all plans and specifications prepared for construction of the Improvements; and all contracts and agreements of Borrower relating to the plans and specifications or to the construction of the Improvements;
(4) all equipment, machinery, fixtures, goods, accounts, general intangibles, documents, instruments and chattel paper and all substitutions, replacements of, and additions to, any of the these items;
(5) all sales agreements, deposits, escrow agreements, other documents and agreements entered into with respect to the sale of any part of the Real Property, and all proceeds of the sale;
(6) all proceeds from the voluntary or involuntary disposition or claim respecting any of the foregoing items (including judgments, condemnation awards or otherwise); and
(7) all leases, rents, profits, income and security deposits derived from or related to the Real Property, and all insurance premium refunds relating to the Real Property.
at public sale, to the highest and best bidder for cash, on the 2nd Floor at the George E. Edgecombe Courthouse, Room 201/202, located at 800 East Twiggs Street, Tampa, Florida, at 2:00 pm on September 27, 2011.
IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK OF COURT NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
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 ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs Street, Room 604, Tampa, Florida 33602, (813) 272-7040, 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 this 1 day of September, 2011.
PAT FRANK
Clerk of the Circuit Court
Hillsborough County, Florida
By: Ebony McClendon
Deputy Clerk
September 9, 16, 2011 11-2554H