-
-
Loading
Loading
FIRST INSERTION
CLERK'S NOTICE OF SALES
UNDER F.S. CHAPTER 45
IN THE CIRCUIT COURT OF
THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA
CIVIL DIVISION
Case No. 09-CA-066164
BANK OF
FLORIDA-SOUTHWEST,
Plaintiff, v.
NICHOLAS RETAIL CENTER, LLC, a Florida limited liability company, et al
NOTICE IS GIVEN that, in accordance with the Final Judgment in Mortgage Foreclosure filed April 19, 2012, in the above-styled cause, I will sell to the highest and best bidder for cash beginning at 9:00 AM on-line at www.lee.realforeclose.com, on the 30 day of April, 2012, the following described property:
See attached Exhibit “A”
EXHIBIT A
LEGAL DESCRIPTION
LOTS 56 AND 57 OF THAT CERTAIN SUBDIVISION KNOWN AS FLORIDA TROPICAL FARMS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF LEE COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 21.
LESS:
THAT PART OF LOTS 56 AND 57 OF FLORIDA TROPICAL FARMS, A SUBDIVISION IN SECTIONS 11, 12 AND 14, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, ACCORDING TO PLAT BOOK 9, PAGE 21, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 57; THENCE NORTH 26 DEGREES 47' 21” WEST ALONG THE WEST LINE THEREOF, 331.00 FEET; THENCE NORTH 80 DEGREES 45' 41” EAST 211.37 FEET TO THE WESTERLY LINE OF NICHOLAS PARKWAY (PROPOSED NORTHERLY EXTENSION, 100' WIDE); THENCE SOUTH 25 DEGREES 42' 01” EAST, ALONG SAID WESTERLY LINE, 315.48 FEET; THENCE SOUTHWESTERLY 38.78 FEET ALONG THE ARC OF A 25 FOOT RADIUS CURVE TO THE RIGHT, HAVING A DELTA ANGLE OF 88 DEGREES 53' 05”, THE LONG CHORD OF WHICH BEARS SOUTH 18 DEGREES 44' 31.5” WEST 35.01 FEET, TO A POINT ON THE SOUTHERLY LINE OF LOT 56; THENCE SOUTH 63 DEGREES 11' 04” WEST ALONG THE SOUTHERLY LINE OF LOTS 56 AND 57, 180.19 FEET TO THE POINT OF BEGINNING, (O.R. BOOK 2261, PAGE 2143 AND CORRECTED IN O.R. BOOK 2277, PAGE 1250.)
LESS:
THAT PART OF LOT 56 OF FLORIDA TROPICAL FARMS, A SUBDIVISION IN SECTIONS 11, 12 AND 14, TOWNSHIP 44 SOUTH, RANGE 23 EAST, LEE COUNTY, FLORIDA, ACCORDING TO PLAT BOOK 9, PAGE 21, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 57; THENCE RUN NORTH 63 DEGREES 11' 04” EAST ALONG THE SOUTHERLY LINE OF LOTS 56 AND 57 FOR A DISTANCE OF 180.19 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 63 DEGREES 11' 04” EAST FOR A DISTANCE OF 24.52 FEET; THENCE RUN NORTH 25 DEGREES 42' 01” WEST FOR A DISTANCE OF 24.52 FEET TO THE POINT OF CURVATURE OF AN ARC HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 88 DEGREES 53' 05” AND A TANGENT OF 24.52 FEET; THENCE RUN SOUTHERLY ALONG SAID ARC FOR A DISTANCE OF 38.78 FEET TO THE POINT OF BEGINNING. (O.R. BOOK 2285, PAGE 4325.)
LESS:
BEGINNING AT THE SOUTHERNMOST INTERSECTION OF LOTS 55 AND 56, FLORIDA TROPICAL FARMS SUBDIVISION, ON THE RIGHT-OF-WAY FOR PINE ISLAND ROAD, PROCEED 23.37 FEET ALONG THE LOT LINE OF LOT 56 ALONG PINE ISLAND ROAD RIGHT-OF-WAY TO A POINT OF BEGINNING. FROM THE POINT OF BEGINNING PROCEED ALONG THE LOT LINE OF LOT 56 ALONG THE PINE ISLAND ROAD RIGHT-OF-WAY FOR A DISTANCE OF 100.00 FEET, THEN PROCEED NORTHERLY FOR A DISTANCE OF APPROXIMATELY 1,320 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF LOT 56 AND CAPE CORAL UNIT 37 WHICH POINT IS 100 FEET SOUTHWEST OF THE INTERSECTION OF LOTS 55 AND 56, THEN PROCEED ALONG THE NORTHWESTERLY BOUNDARY OF LOT 56 FOR 100 FEET TO THE INTERSECTION OF LOTS 55 AND 56, THEN PROCEED SOUTHERLY TO THE POINT OF BEGINNING. (O.R. BOOK 2197, PAGE 2043.)
LESS:
A PORTION OF PARCEL 1, ALSO BEING A PORTION OF LOTS 56 AND 57, FLORIDA TROPICAL FARMS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 21 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 57, FLORIDA TROPICAL FARMS, THENCE NORTH 63 DEGREES 12' 15” EAST ALONG THE NORTH LINE OF SAID LOT 57, A DISTANCE OF 230.06 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF NICHOLAS PARKWAY (100' RIGHT-OF-WAY); THENCE SOUTH 25 DEGREES 42' 45” EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 337.06 FEET; THENCE SOUTH 63 DEGREES 12' 15” WEST, A DISTANCE OF 223.62 FEET TO THE WESTERLY LINE OF SAID LOT 57; THENCE NORTH 26 DEGREES 48' 26” WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 337.00 FEET TO THE POINT OF BEGINNING. (O.R. BOOK 3254, PAGE 2675.)
LESS AND EXCEPT THAT PART DEEDED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY FOR STATE ROAD 78 AS SET FORTH IN WARRANTY RECORDED SEPTEMBER 4, 2002 IN O.R. BOOK 3720, PAGE 1478, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
ALSO LESS AND EXCEPT:
A PORTION OF LOT 56, FLORIDA TROPICAL FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 21, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LYING EAST OF NICHOLAS PARKWAY AND NORTH OF PINE ISLAND ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF PINE ISLAND ROAD (STATE ROAD NO. 78) (206 FOOT PUBLIC RIGHT OF WAY PER THE F.D.O.T. RIGHT-OF-WAY MAP SECTION NO.12060-000, DATED 2/15/01) AND THE CENTERLINE OF NICHOLAS PARKWAY (100 FOOT PUBLIC RIGHT OF WAY PER F.D.O.T. RIGHT-OF-WAY MAP, SECTION NO. 12060-000, DATED 2/15/01); THENCE RUN NORTH 25Ëš42'20” WEST ALONG SAID CENTERLINE OF NICHOLAS PARKWAY, A DISTANCE OF 124.00 FEET; THENCE DEPARTING SAID CENTERLINE, RUN NORTH 64Ëš17'40” EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF NICHOLAS PARKWAY, SAID POINT BEING THE POINT OF BEGINNING; THENCE RUN NORTH 25Ëš42'20” WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1231.22 FEET; THENCE RUN SOUTH 26Ëš46'27” EAST ALONG THE EAST LINE OF LOT 56, A DISTANCE OF 1230.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED PINE ISLAND ROAD; THENCE RUN SOUTH 63Ëš11'27” WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 22.96 FEET TO THE POINT OF BEGINNING.
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 sixty (60) days after the sale.
CHARLIE GREEN
Lee County
Clerk of Court
(SEAL) By: S. Hughes
Deputy Clerk
Michael A. Durant, Esq.
CONROY, CONROY & DURANT, P.A.
April 13, 20, 2012 12-01748L