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FIRST INSERTION
NOTICE OF SALE
in the circuit court of the
TWENTIETH judicial
circuit in and for lee county, florida
CIVIL ACTION
Case No. 11-CA-050298
JUDGE WINESETT, SHERRA
IBERIABANK, a Louisiana
banking corporation, as successor in interest to ORION BANK,
Plaintiff, vs.
ESTERO PLACE, LLC, a
Florida limited liability company, AJM ESTERO HOLDINGS, LLC, a
Florida limited liability company, BOYD INCORPORATED
OF SOUTHWEST FLORIDA, a Florida corporation a/k/a BOYD, INC., LEE MAR BUILDING AND
CONSTRUCTION CORP., a
Florida corporation, S.T.D. ENTERPRISES OF NAPLES INC., a Florida corporation, HOLT'S LAND CLEARING, INC., a Florida corporation, and TRIPLE J GRASSING, LLC, a Florida limited liability company
Defendants.
NOTICE IS GIVEN that pursuant to the Summary Final Judgment of Foreclosure entered on the 6 day of August, 2012, in Civil Action No. 11-CA-050298, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which ESTERO PLACE, LLC, et al., are the Defendants, and Iberiabank, as successor in interest to Orion Bank, is the Plaintiff, I will sell to the highest and best bidder for cash on September 7, 2012, at 9:00 a.m., at www.lee.realforeclose.com, in accordance with Section 45.031, Florida Statutes, the following described real property as set forth in the Summary Final Judgment of Foreclosure in Lee County, Florida:
PARCEL A:
COMMENCE AT THE NORTHEAST-CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 46 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; THENCE RUN NORTH 89 DEGREES 57'01” WEST ALONG THE NORTH LINE OF SAID FRACTION OF A SECTION FOR 860.064 FEET TO A POINT ON A LINE WHICH LIES 859.727 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID NORTHEAST 1/4 OF SECTION 34; THENCE RUN SOUTH 01 DEGREES 17'44” EAST ALONG SAID PARALLEL LINE FOR 95.32 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CORKSCREW ROAD, S.R. #850, SAID POINT IS THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREE 17'44” EAST ALONG SAID PARALLEL LINE FOR 1170.447 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF A 66 FOOT WIDE ROAD RIGHT-OF-WAY AS PER FLORIDA GULF LAND CO. SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 59, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 55'49” WEST ALONG SAID RIGHT-OF-WAY LINE FOR 471.368 FEET TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH 01 DEGREE 11'44” WEST FOR 616.845 FEET TO THE NORTHEAST CORNER OF SAID FRACTION OF A SECTION; THENCE RUN SOUTH 89 DEGREES 59'24” WEST ALONG THE NORTH LINE OF SAID FRACTION OF A SECTION FOR 632.171 FEET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF A 66 FOOT ROAD RIGHT-OF-WAY KNOWN AS RIVER RANCH ROAD, SEE O.R. BOOK 60, PAGE 73, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN NORTH 01 DEGREE 08'43” WEST ALONG SAID RIGHT-OF-WAY LINE FOR 575.512 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF CORKSCREW ROAD; THENCE RUN SOUTH 87 DEGREES 30'53” EAST ALONG SAID RIGHT-OF-WAY LINE FOR 233.514 FEET; THENCE RUN NORTH 89 DEGREES 40'18” EAST ALONG SAID RIGHT-OF-WAY LINE FOR 99.852 FEET; THENCE RUN SOUTH 00 DEGREES 14'47” EAST ALONG SAID RIGHT-OF-WAY LINE FOR 15.00 FEET; THENCE RUN NORTH 89 DEGREES 45'13” EAST ALONG SAID RIGHT-OF-WAY LINE FOR 768.246 TO THE POINT OF BEGINNING.
LESS AND EXCEPT
THAT PORTION TAKEN FOR WIDENING OF CORKSCREW ROAD AS RECORDED IN O.R. BOOK 3182, PAGE 4619, PUBLIC RECORDS OF LEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 46 SOUTH, RANGE 25 EAST, LEE COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 34, TOWNSHIP 46 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 56'07” EAST, ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 706.38 FEET; THENCE RUN SOUTH 00 DEGREES 03'53” WEST FOR A DISTANCE OF 75.80 FEET TO THE SOUTH RIGHT-OF-WAY LINE CORKSCREW ROAD AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 87 DEGREES 31'12” EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 45 DEGREES 55'39” WEST FOR A DISTANCE OF 41.26 FEET TO THE EAST RIGHT-OF-WAY LINE OF RIVER RANCH ROAD; THENCE RUN NORTH 00 DEGREES 37'30” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
PARCEL B/C:
A parcel of land situated in the State of Florida, County of Lee, Section 34, Township 46 South, Range 25 East and further described as follows:
Commencing at a 5/8” iron rod with cap stamped LB1772 marking the east quarter corner of said Section 34 and lying on the westerly right-of-way line of Three Oaks Parkway; thence S89°55'36”W along the north line of the Southeast One Quarter (SE 1/4) for 230.05 feet to an intersection with a line parallel with and 230.00 feet west of the east line of said Section 34 and the Point of Beginning; thence S01°17'55”E along said parallel line for 3.55 feet to an iron rod with cap stamped LB4919; thence S00°36'52”E along said parallel line for 326.57 feet to a 4”x4” concrete monument with a nail in top marking the south line of the North One Half (N 1/2) of the Northeast One Quarter (NE 1/4) of the Northeast One Quarter (NE 1/4) of the Southeast One Quarter (SE 1/4) of said Section 34; thence S89°55'09”W along said south line for 434.84 feet to a 3”x3” concrete monument with a pin in top marking the southwest corner of said fraction; thence N00°44'17”W along the west line of said fraction for 330.18 feet to the northwest corner of said fraction being marked by a 4”x4” concrete monument with a nail in top; thence N01°15'03”W along the east line of the west one-half (W 1/2) of the southeast one-quarter (SE 1/4) of the northeast one-quarter (NE 1/4) of said Section 34 for 33.01 feet; thence S89°55'36”W parallel with and 33.00 feet north of the south line of the Northeast One Quarter (NE 1/4) of said Section 34 for 194.39 feet to a 4”x4” concrete monument stamped “PLS 2465-Starnes” marking an intersection with a line parallel with and 859.727 feet west of the east line of the Northeast One Quarter (NE 1/4) of said Section 34; thence N01°17'55”W along said parallel line for 1170.50 feet to a 5/8” iron rod with cap stamped “Starnes” marking the southerly right-of-way line of Corkscrew Road (CR-850) as recorded in Official Record Book 1129 at Page 1215; thence N89°44'47”E along said right-of-way line for 131.66 feet to a 1/2” iron rod with no identification as called for in Official Record Book 1636 at Page 1749; thence N86°52'55”E along said right-of-way line for 300.14 feet to a 4”x4” concrete monument stamped “LB6773 - Corkscrew R/W”; thence N89°44'47”E along said right-of-way line for 68.11 feet to an intersection with a line lying 360.00 feet west of the east line of the Northeast One Quarter (NE 1/4) of said Section 34; thence S01°17'55”E along said parallel line for 200.03 feet to an intersection with a line parallel with and 200.00 feet south of said right-of-way line being marked by a 5/8” iron rod with cap stamped LB1772; thence N89°44'47”E parallel with said right-of-way line for 130.02 feet to an intersection with a line parallel with and 230.00 feet west of the east line of the Northeast One Quarter (NE 1/4) of said Section 34, being marked by a 5/8” iron rod with cap stamped LB1772; thence S01°17'55”E parallel with said east line for 1020.46 feet to the Point of Beginning.
Bearings are based on the State Plane Coordinate System - Florida West Zone (North American Datum of 1983-1990 Adjustment) with the east line of the Northeast One Quarter (NE 1/4) as bearing N01°17'55”W.
PARCEL D:
A parcel of land situated in the State of Florida, County of Lee, Section 34, Township 46 South, Range 25 East, being a part of a parcel described in Official Record Book 2569 at Page 1335, being that part of the easterly 130.00 feet of said Section 34 lying north of a line parallel with and 33 feet north of the east-west quarter section line of Section 34 and south of a line parallel with and 200.00 feet south of the southerly right-of-way line of Corkscrew Road (S-850) as described in Official Record Book 1129 at Page 215 and further described as follows:
Commencing at a 5/8” iron rod with cap stamped LB1772 marking the east quarter corner of said Section 34 and lying on the westerly right-of-way line of Three Oaks Parkway; thence N01°17'55”W along the east line of the Northeast One Quarter (NE 1/4) of said Section 34 and said right-of-way line for 33.01 feet to an intersection with a line which lies 33.00' north of and parallel with the south line said Northeast One-Quarter (NE 1/4) of said Section 34 and to the Point of Beginning; thence continue N01°17'55”W along the east line of the Northeast One Quarter (NE 1/4) of said Section 34 and said right-of-way line for 993.16 feet to an intersection with a line parallel with and 200.00 feet south of the southerly right-of-way line of Corkscrew Road (Official Record Book 1129, Page 1215); thence S87°30'04”W along said parallel line for 127.37 feet to a 5/8” iron rod with cap stamped LB1772; thence S89°44'47”W along said parallel line for 2.66 feet to a 5/8” iron rod with cap stamped LB1772; thence S01°17'55”E parallel with and 130.00 feet west of the east line of the Northeast One Quarter (NE 1/4) of said Section 34 for 987.76 feet to an intersection with a line parallel with and 33.00 feet north of the south line of said Northeast One Quarter (NE 1/4) of said. Section 34; thence N89°55'36”E along said parallel line for 130.03 feet to the east line of said Northeast One Quarter (NE 1/4), being on the westerly right-of-way line of Three Oaks Parkway and to the Point of Beginning.
Bearings are based on the State Plane Coordinate System - Florida West Zone (North American Datum of 1983- 1990 Adjustment) with the east line of the Northeast One Quarter (NE 1/4) as bearing N01°17'55”W.
PARCEL E:
A tract or parcel lying in Section 34, Township 46 South, Range 25 East, Lee County, Florida, said tract or parcel being more particularly described as follows:
Commencing at the Northeast Corner of the Northeast Quarter (NE-1/4) of said Section 34, run S01°18'20”E along the East line of said Section 34 for 1,895.69 feet; thence run S88°41'40”W for 130.00 to an intersection with West line of the East 130 feet of said Section 34 and the POINT OF BEGINNING.
From said Point of Beginning run the follow two courses along said West line: S01°18'20”E for 697.59 feet; and S00°36'56”E for 187 feet, more or less, to an intersection with the center line of the Estero River; thence run Southwesterly along said center line for 101 feet, more or less, to an intersection with the West line of the East 230 feet of said Section 34; thence run the following two courses along said West line: N00°36'56”W for 201 feet, more or less; and N01°18'20”W for 696.99 feet; thence run N88°41'40”E for 100.00 feet to the POINT OF BEGINNING.
Bearings hereinabove mentioned are based on the East line of the Northeast Quarter (NE-1/4) of said Section 34 to bear S01°18'20”E.
PARCEL F:
That part of the South 1/2 of the Northeast 1/4 of Section 34, Township 46 South, Range 25 East, Lee County, Florida, described as follows:
Commencing at the Northeast corner of said South 1/2 of the Northeast 1/4, thence south 01 degrees 17 minutes 44 seconds East along the East line of said Northeast 1/4, 113.60 feet to the Point of Beginning, thence continue South 01 degrees 17 minutes 44 seconds East, along said East line and along the West right of way line of Three Oaks Parkway, 157.31 feet to a point on a line which lies 200.00 feet South of and parallel with the South right of way line of Corkscrew Road, thence South 87 degrees 30 minutes 59 seconds West, along said parallel line, 127.37 feet, thence South 89 degrees 45 minutes 13 seconds West; along said parallel line, 2.66 feet to a point on a line which lies 130.00 feet West of and parallel with the East line of said Northeast 1/4, thence South 01 degrees 17 minutes 44 seconds East, along said parallel line, 324.88 feet, thence South 88 degrees 42 minutes 16 seconds West, 100.00 feet to a point on a line which lies 230.00 feet West of and parallel with the East line of said Northeast 1/4, thence North 01 degrees 17 minutes 44 seconds. West, along said parallel line, 326.70 feet to a point on a line which lies 200.00 feet South of and parallel with the South right of way line of Corkscrew Road, thence South 89 degrees 45 minutes 13 seconds West, along said parallel line, 130.02 feet to a point on a line which lies 360.00 feet West of and parallel with the East line of said Northeast 1/4, thence North 01 degrees 17 minutes 44 seconds West, along said parallel line, 200.03 feet to the South right of way line of Corkscrew Road, thence North 89 degrees 45 minutes 13 seconds East along said right of way line, 231.98 feet, thence North 87 degrees 30 minutes 59 seconds East, along said right of way line 84.82 feet, thence South 58 degrees 46 minutes 10 seconds East, along said right of way line 31.69 feet, thence South 01 degrees 17 minutes 44 seconds East, along said right of way line, 24.49 feet, thence North 89 degrees 45 minutes 54 seconds East, along said right of way line, 16.54 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 (60) days after the sale.
Dated this 7 day of August, 2012.
Charlie Green
Clerk of Court
(SEAL) By: M. Parker
Deputy Clerk
Lori L. Moore
Attorney for Plaintiff
ROETZEL & ANDRESS
2320 First Street
Fort Myers, FL 33901
239-337-3850
347990.122770.0021
August 17, 24, 2012 12-04048L