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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
Case No. 2009 CA 016025 NC
STEPHEN A. WITZER, as Trustee u/a/d 2/7/1985, DAVID C. FREUND, as Trustee u/a/d 8/11/1993, PAECIA S.
WEINSTEIN, as Trustee u/a/d 3/7/1991, DONNA J. DOOLEY, an individual, WILLIAM A.
DOOLEY, IRA
Plaintiffs. vs.
FISHERMAN'S WHARF OF
VENICE, INC., a
Florida corporation,
FISHERMAN'S WHARF
MARINA PARK, LTD., a Florida limited partnership, JMT
PARTNERS, a Florida general
partnership, JPKJ, LLC, a Florida limited liability company, JOHN P. KONECNIK, JR., an individual, BABE'S PLUMBING, INC., a
Florida corporation, SARASOTA
COUNTY, FLORIDA, et al.
Defendants.
NOTICE IS HEREBY GIVEN pursuant to an Order of Final Judgment of Foreclosure dated November 26, 2012, entered in Civil Case No.: 2009 CA 016025 NC, of the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, wherein STEPHEN A. WITZER, as Trustee u/a/d 2/7/1985, DAVID C. FREUND, as Trustee u/a/d 8/11/1993, PAECIA S. WEINSTEIN, as Trustee u/a/d 3/7/1991, DONNA J. DOOLEY, an individual, WILLIAM A. DOOLEY, IRA is the Plaintiff and FISHERMAN'S WHARF OF VENICE, INC., a Florida corporation, FISHERMAN'S WHARF MARINA PARK, LTD., a Florida limited partnership, JMT PARTNERS, a Florida general partnership, JPKJ, LLC, a Florida limited liability company, JOHN P. KONECNIK, JR., an individual, BABE'S PLUMBING, INC., a Florida corporation, SARASOTA COUNTY, FLORIDA, et al., is the Defendant. I will sell to the highest bidder for cash via foreclosure sale conducted via the Internet at www.sarasotarealforeclose.com at on January 16, 2013 the following described property as set forth in said Final Judgment, to-wit:
SEE ATTACHED
EXHIBIT “A”
LEGAL DESCRIPTION
Parcel 1 (Fisherman's Wharf of Venice, Inc.)
Begin at the NE Corner of the NE 1/4 of the NW 1/4 of Section 7, Township 39 South, Range 19 East; thence W 488.9 feet to an iron pipe on West side of old abandoned SALRR R/W; thence S 10Ëš30'W, 468.7 feet; thence N 80Ëš48'W, 259.3 feet to West R/W of Tamiami Trail (66'); thence S 0Ëš06'W, along Tamiami Trail 748 feet to POB; thence S 0Ëš05'W, 192 feet; thence N 89Ëš55'W, 100 feet; thence N 49Ëš53' W, 140.3 feet; thence N 0Ëš15' E, 166.7 feet; thence S 51Ëš29” E, 104.7 feet; thence S 89Ëš55' E, 126 feet to the POB. LESS any portion conveyed to State for Highway
Parcel 2 (Fisherman's Wharf of Venice, Inc.)
Begin at the NE Corner of NE 1/4 of the NW 1/4 of Section 7, Township 39 South, Range 19 East; thence W 488.9 feet to an iron pipe on West side of old abandoned SALRR R/W; thence S 10Ëš30'W, 468.7 feet; thence N 80Ëš48'W, 259.3 feet to West R/W of Tamiami Trail (66'); thence S 0Ëš05'W, along Tamiami Trail 1060.1 feet to POB; thence N 89Ëš55' W, 76.2 feet; thence N 49Ëš55' W, 247.3 feet; thence S 25Ëš55' W, 107.3 feet; thence S 47Ëš07' E, 425.6 feet; thence N 0Ëš05'E, along Tamiami Trail, 227 feet to POB, LESS any portion conveyed to State for Highway
TOGETHER with all lands lying between Parcel 1 and parcel 2 above, as bounded on the East by the West right of way line of Tamiami Trail (US 41) and on the West by Hatchett Creek.
TOGETHER with all lands described in Deed recorded in OR Book 1068, page 2064, of the Public Records of Sarasota County, Florida, which are not specifically described above.
LESS State Road right of way and LESS WCIND right-of-way.
Parcel 3 (Fisherman's Wharf of Venice, Inc.) also described as
Begin at the NE Corner of the NE 1/4 of the NW 1/4 of Section 7, Township 39 South, Range 19 East; thence W 488.9 feet to an Iron pipe on West side of old abandoned SALRR R/W; thence S 10Ëš30'W, 468.7 feet; thence N 80Ëš48'W, 259.3 feet to West R/W of Tamiami Trail (66'); thence S 0Ëš05'W, along Tamiami Trail 748 feet to POB; thence S 0Ëš05'W, 552.27 feet, more or less to the NE 1/4 shore line of Hatchett Creek; thence meander said shore line to the POB, LESS that part for State Road R/W and LESS land described in Deed recorded in OR Book 443, page 235, of the Public Records of Sarasota County, Florida, for WCIND Right of Way.
Parcel 4 (Fisherman's Wharf of Venice, Inc.) A portion of which is described as
Begin at the Intersection of the Northerly right-of-way line of Cut S-16 of the Intercoastal Waterway Canal and the Westerly right-of-way line of US Highway Number 41 (State Road No, 46, Section 17020-2207); said point being 1,011.12 feet North and 823.58 feet West of the Southeast corner of the Northwest 1/4 of Section 7, Township 39 South, Range 19 East, Sarasota County, Florida; run thence S 0Ëš29' West, 61.12 feet along said Westerly right of way line of US Highway No 41 (State Road Number 45, Section 17020-2207); thence South 40Ëš59'08” East, 47.33 feet to a point on the Westerly right of way Line of US Highway Number 41 (State Road Number 45, Project number 17020-3506); thence North 10Ëš41' East, 48.77 feet along said Westerly right of way line of US Highway Number 41 (State Road Number 45, Project number 17020-3506); thence along said Westerly right of way line of way line of US Highway Number 41 (State Road Number 45, Project number 17020-3506) 20.79 feet along the arc of a curve to the left, radius equals 1,065.92 feet, chord equals N 10Ëš06'54” East, 2078 feet to a point of the Northerly right of way line Cut S-16 of the Intracoastal Waterway Canal; thence North 66Ëš37'36” West, 51.75 feet along said Northerly right of way line Cut S-16, to the POB.
EXHIBIT A
Parcel 5 (JMT Partners)
Begin at the NE Corner of the NE 1/4 of the NW 1/4 of Section 7, Township 39 South, Range 19 East; thence W 488.9 feet to an iron pipe on West side of old abandoned SALRR R/W; thence S 10Ëš30'W, 468.7 feet; thence N 80Ëš48'W, 259.3 feet to West R/W of Tamiami Trail (66'); thence S 0Ëš05'W, along Tamiami Trail 572.9 feet for a POB;thence continue S 0Ëš05'W, 85 feet; thence N 70Ëš41'E 150 feet to the POB, and being located in Section 7, Township 39 South, Range 19 East, Sarasota County, Florida.
ALSO
All of that real property lying between the Southerly line of the above described real property and the mean high water mark of a bayou of Hatchott Creek, extended and bounded on the West by the Southerly extension of the Westerly line of the above described property, and bounded on the East by the Southerly extension of the Easterly line of the above described property.
Parcel 6 (JPKJ, LLC)
The Northeasterly (sometimes called North) 34 feet as measured along Tamiami Trail of Lot 1, Block B HARBOR LIGHTS SUBDIVISION, as per Plat thereof recorded in Plat Book 7, Page 8, of the Public Records of Sarasota County, Florida, Less that portion of said property conveyed by Robert S. Baynard and Mildred W. Baynard to the State of Florida in deed dated June 15, 1960, recorded in OR Book 243, page 565, of the Public Records of Sarasota County, Florida
Parcel 7 (JPKJ, LLC)
The South 34.7 feet of Lot 1, Block B, HARBOR LIGHTS SUBDIVISION, as per Plat thereof recorded in Plat Book 7, Page 8, of the Public Records of Sarasota County, Florida.
Parcel 8 (Fisherman's Wharf Marina Park, Ltd.)
A tract or parcel of submerged land lying in Section 7, Township 39 South, Range 19 East, Sarasota County, Florida, which tract or parcel is described as follows:
From the Southeast corner of the Northwest quarter (NW 1/4) of said Section 7, run North for 864.71 feet; thence run West for 793.02 feet to a point being on the centerline of Old U.S. 41 and the centerline of the former lift bridge over Hatchett Creek and the Point of Beginning of the herein described parcel
From said Point of Beginning run N 51Ëš46'00”W along the Venice City Limits line for 855.00 feet; thence run N 33Ëš16'00”W for 479.70 feet; thence run S 76Ëš45'06”E for 53.98 feet to a point of curvature; thence run Southeasterly along the arc of a curve to the right of radius 100.00 feet (delta 24Ëš34'29”) chord bearing S 64Ëš27'21”E)(chord 42.59 feet) for 42.92 feet to a point; thence run S 52Ëš09'37”E for 210.15 feet; thence run S 56Ëš46'00”E for 51.43 feet; thence run S 52Ëš09'37”E for 263.98 feet to a point; thence run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left of radius 50.00 feet (delta 95Ëš13'02”)(chord bearing N 80Ëš13'52”E)(chord 73.86 feet) for 83.09 feet to a point; thence run N 32Ëš37'21”E for 159.72 feet to a point; thence run Northeasterly along the arc of a curve to the right of radius 50.00 feet (delta 51Ëš51'39”)(chord bearing N 58Ëš33'11”E)(chord 43.73 feet) for 45.26 feet to a point; thence run N 84Ëš29'00”E for 62.44 feet; N 00Ëš54'43”E for 22.88 feet; S 12Ëš37'26”E for 12.43 feet to a point; thence run Southeasterly along the arc of a curve to the left of radius 107.12 feet (delta 25Ëš04'39”)(chord bearing S 58Ëš43'41”E)(chord 46.51 feet) for 46.89 feet; thence run along an existing concrete seawall the following 12 courses; S 76Ëš52'45”E for 31.33 feet; S 82Ëš46'16”E for 49.12 feet; N 10Ëš27'26”E for 3.03 feet; S 84Ëš15'51”E for 17.24 feet; S 00Ëš39'51”W for 84.45 feet; S 89Ëš35'59”W for 38.41 feet; N 86Ëš59'56'W for 28.70 feet; S 85Ëš19'00”W for 28.10 feet; N 84Ëš45'58”W for 10.66 feet; N 72Ëš11'35”W for 13.01 feet; N 47Ëš12'42”W for 25.00 feet; N 52Ëš40'59”W for 73.47 feet; thence run Southwesterly along the arc of a curve to the left of radius 11.30 feet (delta 113Ëš23'06”)(chord bearing S 60Ëš38'12”W)(chord 18.89 feet) for 22.36 feet; S 03Ëš56'39”W for 85.63 feet to a point of curvature;
Southeasterly along the arc of a curve to the left of radius 23.50 feet (delta 53Ëš33'36”)(chord bearing S 22Ëš50'09”E)(chord 21.18 feet) 21.97 feet to a point; thence run S 49Ëš29'01”E for 111.51 feet; S 30Ëš11'29”W for 101.97 feet; N 56Ëš45'42”W for 105.17 feet; S 27Ëš38'14”W for 110.54 feet; N 62Ëš31'12”W for 4.57 feet; S 35Ëš46'23”W for 30.28 feet; S 53Ëš16'55”E for 10.89 feet; S 51Ëš22'35”W for 7.74 feet; S 50Ëš05'21”E for 71.21 feet and S 54Ëš03'38”E for 211.68 feet to the Mean High Water Line of Hatchett Creek; and to an intersection with the Northwesterly line of the Preempted area as recorded in OR Book 3101 page 929; thence run S 48Ëš43'46”W for 18.60 feet; S 39Ëš33'40”E for 119.79 feet; N 50Ëš26'20”E for 25.46 feet; thence run along said Mean High Water Line the following 2 courses S 42Ëš41'19”E for 1.76 feet and S 53Ëš10'45”E for 11.93 feet; thence run S 40Ëš59'08”E for 67.90 feet to an intersection with the centerline of old U.S. 41; thence run S 00Ëš29'00”W along said centerline for 45.01 feet to the Point of Beginning. Bearings herein above mentioned are based on the centerline of old U.S. 41 as bearing S 00Ëš29'00”W.
Parcel 9 (Konecnik)
A parcel of land lying in Section 35, Township 38 South, Range 18 East, Sarasota County, Florida and being those lands described in OR Book 1738, Pages 518 & 520, O.R Book 1537, Page 1443 and O.R. Book 1571, Page 1754, all of the Public Records of Sarasota County, Florida. The three (3) parcels are contiguous to each other and are more fully and completely described as one (1) Parcel as follows:
Commence at a cross-cut in the sea wall on the West side of Little Sarasota Bay and on the South line of said Section 35, thence, along the South line of said Section 35, South 89Ëš47'57” West, (on an assumed bearing) 240.54 feet to a nail, thence North 16Ëš05'03”West, 887.26 feet to a 3/4” Iron pipe, thence North 15Ëš48'55” West, 100.26 feet to a 5/8” iron rod in a brass pipe, thence, North 13Ëš43'24” West, 149.66 feet to a capped √” iron pipe and to the POINT OF BEGINNING; thence, along the Easterly line of Casey Key Road for the next three (3) calls, North 16Ëš43'55” West, 100.24 feet to a Railroad Spike, thence, North 07Ëš46'07” West, 81.16 feet to a Railroad Spike, thence, N 04Ëš01'38” West, 88.62 feet to a Railroad Spike, thence S 89Ëš58'64” East, 137.42 feet to a Railroad Spike, thence, N 54Ëš35'44” East, 27.13 feet to a P.K. Nail, thence, along the Westerly line of a canal and wood dock for the next two (2) calls, South 14Ëš08'21” East, 182.17 feet to a Nail and Disc, thence South 10Ëš46'55” East, 98.03 feet, thence North 89Ëš51'30” West, 176.00 feet to the POINT OF BEGINNING.
Also Described as follows:
Commence at a point where the south line of Section 35, Township 38 South, Range 18 East, intersects the shore line of the Gulf of Mexico; said point being 463.55 feet West of the US Meander corner and 53.45 feet West of 'X' mark in concrete curb; thence North 14Ëš20'00” West along said shore line, 1229.30 feet; thence East 177.47 feet for a Point of Beginning; Thence North 07Ëš44'30” West, 81.18 feet; thence East 118.65 feet; thence North 00Ëš07'30” East, 34.95 feet; thence East, 12.81 feet; thence North 00Ëš05'00” East, 45.42 feet; thence North 53Ëš04'20” East, 27.57 feet to a sea-wall; thence South 14Ëš05'33” East along said seawall, 182.98 feet to a point due East of the point of beginning; thence West, 187.26 feet to the Point of Beginning, all lying and being in Section 15, Township 38 South, Range 18 East, Sarasota County, Florida;
TOGETHER with a 5.00 foot easement for ingress and egress lying 2.50 feet North and 2.50 feet South of the following described line:
Commence at a point where the South line of Section 35, Township 38 south Range 18 East, intersects the shore line of the Gulf of Mexico; thence Northwesterly along said shore line of the gulf of Mexico, 1240.50 feet for a Point of Beginning; thence East, 318.00 feet, more or less, to the center line of Casey Key road (County Road) to Point of Termination.
Subject to a 10 foot wide easement to Little Sarasota Bay near the Northeast corner of the above described real property, more particularly described in instruments recorded in Sarasota County, Florida, O.R. Book 481, Page 321 and O.R Book 492, Page 484.
AND
That part of the following described land lying between Little Sarasota Bay and the 24' paved County Road:
Beginning at a point where the South line of Section 35, Township 38 South, Range 18 East, intersects the shore line of the Gulf of Mexico, thence Northwesterly along said shore line of the Gulf of Mexico, 1130.5 feet for a Point of Beginning; thence continue Northwesterly along the Gulf of Mexico for 100 feet; thence East and parallel to the South line of Section 35 to the waters of Little Sarasota Bay; thence Southwesterly along said Little Sarasota Bay 98.6 feet, more or less, to a point lying East of the point of beginning; thence West and parallel to the South line of Section 35 to the Point of Beginning.
TOGETHER with an easement for ingress and egress to the Gulf of Mexico over and along the South S feet of that part of the above described property lying between the Gulf of Mexico and the said County Road.
And
Commence at a point where the South line of Section 35, Township 38 South, Range 18 East, Sarasota County, Florida, intersects the shore line of the Gulf of Mexico, that point being 463.65 feet West of the meander corner monument and 53.45 feet West of an 'X' mark in a concrete curb; thence North 15Ëš20' West, along the shore of the Gulf of Mexico, 1229.30 feet; thence East, 180.49 feet; thence North 07Ëš44'30” West, 81.18 feet to the Point of Beginning; thence North 04Ëš05'15” West, 80.65 feet; thence East 137.49 feet; thence South 00Ëš05' West, 45.52 feet; thence West 12.81 feet; thence South 00Ëš07'30” West, 34.95 feet; thence West 118.65 feet to Point of Beginning.
Subject to a 10 foot easement South of the North line of the above described real property for an all purpose easements.
TOGETHER with an easement 10 foot wide from the East end of the above described easement for a distance of 35 feet, more or less, to Little Sarasota Bay for an all purpose easement to the Bay; and together with a S foot easement from the County Road to the Gulf of Mexico for ingress and egress on foot to the Gulf of Mexico which easement lies immediately North of the following described line; Commence at the same point as described in the above described parcel of real property, thence North 14Ëš20' West, 1130.5 feet to the Point of Beginning; thence along this line from the Gulf of Mexico to the County Road, being a distance of 150 feet, more or less.
Parcel Identification Number:
0407-06-0001/0407-06-0002/0407-06-0004/0407-06-0005/0169-07-0023/0169-07-0024/0169-070-0025.
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 SARASOTA COURTHOUSE, 2000 MAIN STREET, SARASOTA, FLORIDA WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OF SALE. IF YOU ARE HEARING IMPAIRED CALL: 1-800-955-8771. IF YOU ARE VOICE IMPAIRED CALL: 1-800-955-8770.
DATED at Sarasota, Sarasota County, Florida this 28th day of November, 2012.
ALEXANDER G. PADEREWSKI
December 14, 21, 2012 12-4743S