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FIRST INSERTION
CLERK'S NOTICE OF SALE
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 09-CA-9743
AMTRUST BANK, a federal savings bank, f/k/a Ohio Savings Bank,
Plaintiff, vs.
BAHIA SUN ASSOCIATES
LIMITED PARTNERSHIP, a Florida limited partnership, EARTHMARK COMPANIES, LLC, a Florida limited liability company, COOLIDGE-FT. MYERS REALTY LIMITED PARTNERSHIP, a Florida limited liability partnership, COOLIDGE-VALENCIA EQUITIES LIMITED PARTNERSHIP, a
Florida limited partnership, OCEAN KEY ASSOCIATES, LTD., a Florida limited partnership, MOUNT CAY REALTY, L.L.C., a Delaware limited liability company, RUBY RED ASSOCIATES
LIMITED PARTNERSHIP, a Delaware limited liability company, STAR-GLO ASSOCIATES LIMITED PARTNERSHIP, a
Florida limited partnership,
INDIAN SUNBURST ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, VALENCIA RIVER ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, THE CLUB AT LITTLE HARBOR, LLC, a Florida limited liability company, LITTLE HARBOR PROPERTY OWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation, HARBORSIDE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, W.G. MILLS, INC. SOUTH, a Florida corporation and GEORGE F. YOUNG, INC., a Florida corporation, and MICHAEL ROSEN, if alive, or if dead, their unknown spouses, heirs, devisees, grantees, creditors and all part ies claiming interest by, through, under or against a defendant named in this action, and all persons having or claiming to have any right, title or interest in the property herein
described, and XYZ
CORPORATION, Unknown
Tenant, and JOHN DOE and
JANE DOE, Unknown Tenants,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Uniform Final Judgment of Foreclosure dated the 20th day of June, 2012 and entered in Civil Action Number: 09-CA-9743 in the Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County, Florida, I, PAT FRANK, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, on the 2nd Floor of the George E. Edgecomb Building, Room 201/202, located at 800 East Twiggs Street, Tampa, Florida 33602, at 10:00 on the 25 day of July, 2012 the real and personal property described as follows and as set forth in said Uniform Final Judgment of Foreclosure situate in Hillsborough County, Florida:
(a) The land described as follows:
DESCRIPTION (West Parcel)
A portion of Section 2, Township 32 South, Range 18 West, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southwest corner of Bahia Beach Boulevard (Seagrape Drive) as shown on said plat of BAHIA BEACH SOUTH UNIT No. 1 as per the map or plat thereof recorded in Plat Book 94, Page 32 of the Public Records of Hillsborough County, Florida; thence the following four (4) courses on the Southerly and Westerly right-of-way lines of said Seagrape Drive: (1) North 00°34'11” West, a distance of 131.78 feet to a point of curvature; (2) Northwesterly 38.78 feet along the arc of a curve to the left, said curve being concave Southwesterly, having a radius of 25.00 feet, a central angle of 88°53'15”, and a chord bearing and distance of North 45°00'48” West, 35.01 feet to a point of tangency; (3) North 89°27'26” West, a distance of 40.71 feet to a point of curvature; (4) Westerly 12.92 feet along the arc of a curve to the right, said curve being concave Northerly, having a radius of 155.50 feet, a central angle of 04°45'41”, and a chord bearing and distance of North 87°04'35” West, 12.92 feet to the POINT OF BEGINNING, said point being the Northwest corner of that certain parcel of land described as “PARK SITE No. 4” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence departing said right-of-way line the following three (3) courses on the Westerly boundary of said “PARK SITE No. 4”: (1) South 00°34'11” East, a distance of 82.72 feet; (2) South 06°27'52” East, a distance of 50.47 feet; (3) South 89°56'09” East, a distance of 72.93 feet to a point on the Westerly right-of-way line of said Seagrape Drive; thence on said Westerly right-of-way line, South 00°34'07” East, a distance of 20.00 feet to a point on the Northerly boundary of that certain parcel of land described as “Canal Access Corridor No. 3” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence the following six (6) courses on the boundaries of said “Canal Access Corridor No. 3”: (1) North 89°56'45” West, a distance of 81.41 feet; (2) North 88°13'53” West, a distance of 268.95 feet; (3) North 89°49'59” West, a distance of 699.69 feet; (4) North 37°11'18” West, a distance of 53.26 feet; (5) North 29°23'28” West, a distance of 51.50 feet; (6) North 08°24'27” West, a distance of 74.69 feet to a point on the Corrected Hillsborough County Bulkhead Line as per the map or plat thereof recorded in Plat Book 39 Page 39 of the Public Records of Hillsborough County, Florida; thence the following two (2) courses on said line: (1) North 25°51'30” East, a distance of 578.32 feet; (2) North 18°30'24” East, a distance of 48.37 feet to a point on the Southerly boundary of that certain parcel known as “Dock Area”; thence on said Southerly boundary, South 84°30'00” East, a distance of 311.92 feet to a point on the Westerly boundary of said “BAHIA BEACH SOUTH UNIT No. 1”; thence the following five (5) courses on the boundaries of said “BAHIA BEACH SOUTH UNIT No. 1”: (1) North 18°07'10” West, a distance of 240.64 feet; (2) North 17°59'07” West, a distance of 9.41 feet; (3) North 18°34'19” East, a distance of 623.82 feet to a point of curvature; (4) Northwesterly 95.49 feet along the arc of a curve to the left, said curve being concave Southwesterly, having a radius of 50.00 feet, a central angle of 109°25'50”, and a chord bearing and distance of North 36°08'36” West, 81.63 feet to a point of tangency; (5) South 89°08'29” West, a distance of 353.50 feet to a point of curvature; thence departing the boundaries of said “BAHIA BEACH SOUTH UNIT No. 1”, Southwesterly 71.13 feet along the arc of a curve to the left, said curve being concave Southeasterly, having a radius of 50.00 feet, a central angle of 81°30'55”, and a chord bearing and distance of South 48°23'02” West, 65.28 feet to a point of tangency; thence South 07°37'34” West, a distance of 228.27 feet; thence South 22°54'54” West, a distance of 612.61 feet to a point on said Corrected Bulkhead Line; thence on said line, South 33°52'34” West, a distance of 635.91 feet; thence departing said line, North 62°40'46” West, a distance of 402.62 feet; thence North 33°52'34” East, a distance of 19.88 feet to a point on the Southerly boundary of that certain parcel of land described as 'BEACH SITE No. 1” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence the following four (4) courses on the boundaries of said “BEACH SITE No. 1”; (1) South 62°53'30” East, a distance of 50.33 feet; (2) North 33°52'34” East, a distance of 622.44 feet; (3) North 22°54'54” East, a distance of 525.96 feet; (4) North 06°12'29” East, a distance of 15.17 feet; thence departing said boundaries, South 83°41'08” East, a distance of 64.09 feet to a point on the Westerly boundary of that certain parcel of land described as “PARKING PARCEL No. 5” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence the following two (2) courses on the boundaries of said “PARKING PARCEL No. 5”: (1) South 06°29'30” West, a distance of 3.83 feet; (2) South 82°22'20” East, a distance of 99.29 feet to a point on the Westerly boundary of that certain parcel of land described as “RIGHT-OF-WAY PARCEL No. 2” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence the following nine (9) courses on the boundaries of said “RIGHT-OF-WAY PARCEL No. 2”: (1) South 22°54'54” West, a distance of 338.00 feet to a point of curvature; (2) Southwesterly 473.49 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 2475.00 feet, a central angle of 10°57'40”, and a chord bearing and distance of South 28°23'44” West, 472.76 feet to a point of tangency; (3) South 33°52'34” West, a distance of 48.35 feet to a point of curvature; (4) Southwesterly 97.99 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 200.00 feet, a central angle of 28°04'21”, and a chord bearing and distance of South 47°54'45” West, 97.01 feet to a point of reverse curvature; (5) Southeasterly 226.68 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 55.00 feet, a central angle of 236°08'42”, and a chord bearing and distance of South 56°07'26” East, 97.06 feet to a point of reverse curvature; (6) Northerly 97.99 feet along the arc of a curve to the right, said curve being concave Easterly, having a radius of 200.00 feet, a central angle of 28°04'21”, and a chord bearing and distance of North 19°50'24” East, 97.01 feet to a point of tangency; (7) North 33°52'34” East, a distance of 48.35 feet to a point of curvature; (8) Northeasterly 483.05 feet along the arc of a curve to the left, said curve being concave Northwesterly, having a radius of 2525.00 feet, a central angle of 10°57'40”, and a chord bearing and distance of North 28°23'44” East, 482.32 feet to a point of tangency; (9) North 22°54'54” East, a distance of 351.67 feet to the Southeast corner of said “PARKING PARCEL No. 5”; thence the following two (2) courses on the Easterly boundaries of said “PARKING PARCEL No. 5”: (1) North 22°54'54” East, a distance of 53.56 feet; (2) North 06°35'39” East, a distance of 240.15 feet; thence departing said boundaries, North 06°35'39” East, a distance of 72.52 feet to a point of curvature, said point being on the Southerly right-of-way line of said Seagrape Drive; thence the following eight (8) courses on said right-of-way line: (1) Northeasterly 36.99 feet along the arc of a curve to the right, said curve being concave Southeasterly, having a radius of 25.00 feet, a central angle of 84°45'55”, and a chord bearing and distance of North 48°58'37” East, 33.70 feet to a point of tangency; (2) South 88°38'26” East, a distance of 754.93 feet to a point of curvature; (3) Southeasterly 60.48 feet along the arc of a curve to the right, said curve being concave Southwesterly, having a radius of 32.57 feet, a central angle of 106°23'35”, and a chord bearing and distance of South 35°16'53” East, 52.16 feet to a point of tangency; (4) South 18°04'39” West, a distance of 667.51 feet to a point of curvature; (5) Southerly 35.50 feet along the arc of a curve to the left, said curve being concave Easterly, having a radius of 239.16 feet, a central angle of 08°30'16”, and a chord bearing and distance of South 13°42'12” West, 35.47 feet to a point of tangency; (6) South 09°19'44” West, a distance of 301.09 feet to a point of curvature; (7) Southerly 29.39 feet along the arc of a curve to the left, said curve being concave Easterly, having a radius of 50.93 feet, a central angle of 33°03'40”, and a chord bearing and distance of South 07°20'43” East, 28.98 feet to a point of tangency; (8) South 24°01'15” East, a distance of 227.42 feet to a point on the Northerly boundary of that certain parcel known as “1B Townhomes Addition”; thence the following two (2) courses on the boundaries of said “1B Townhomes Addition”: (1) South 65°58'49” West, a distance of 149.77 feet; (2) South 02°00'24” West, a distance of 236.85 feet to a point on the Northerly boundary of that certain parcel of land described as “Right-of-way Parcel No. 1” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence departing said boundary the following seven (7) courses on the boundaries of said “Right-of-way Parcel No. 1”: (1) North 89°38'37” West, a distance of 78.13 feet to a point of curvature; (2) Northwesterly 64.35 feet along the arc of a curve to the right, said curve being concave Northeasterly, having a radius of 75.00 feet, a central angle of 49°09'40”, and a chord bearing and distance of North 65°03'47” West, 62.40 feet to a point of tangency; (3) North 40°28'57” West, a distance of 115.31 feet to a point of curvature; (4) Westerly 143.17 feet along the arc of a curve to the left, said curve being concave Southerly, having a radius of 75.00 feet, a central angle of 109°22'23”, and a chord bearing and distance of South 84°49'52” West, 122.40 feet to a point of tangency; (5) South 30°08'40” West, a distance of 50.87 feet to a point of curvature; (6) Southeasterly 156.80 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 75.00 feet, a central angle of 119°47'17”, and a chord bearing and distance of South 29°44'58” East, 129.76 feet to a point of tangency, said point being hereinafter referred to as POINT “A”; (7) South 89°38'37” East, a distance of 624.66 feet; (8) Easterly 32.79 feet along the arc of a curve to the right, said curve being concave Southerly, having a radius of 114.35 feet, a central angle of 16°25'35”, and a chord bearing and distance of South 81°25'49” East, 32.68 feet to a point of reverse curvature; (9) Easterly 31.15 feet along the arc of a curve to the left, said curve being concave Northerly, having a radius of 155.50 feet, a central angle of 11°28'43”, and a chord bearing and distance of South 78°57'23” East, 31.10 feet to the POINT OF BEGINNING.
The above described parcel contains 26.279 acres more or less, or 1,144,730 square feet more or less, a portion of which was submitted to condominium as 158 units and a Club Lot as Harborside, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 17891, Pages 1945 to 2073, Public Records of Hillsborough County, Florida.
AND
Commence at aforementioned POINT “A”; thence North 00°21'23” East, a distance of 55.00 feet to the POINT OF BEGINNING, said point being on the Northerly boundary of said “Right-of-way Parcel No. 1”; thence the following six (6) courses on the boundaries of said “Right-of-way Parcel No. 1”: (1) Northwesterly 41.81 feet along the arc of a curve to the right, said curve being concave Northeasterly, having a radius of 20.00 feet, a central angle of 119°47'17”, and a chord bearing and distance of North 29°44'58” West, 34.60 feet to a point of tangency; (2) North 30°08'40” East, a distance of 50.87 feet to a point of curvature; (3) Easterly 38.18 feet along the arc of a curve to the right, said curve being concave Southerly, having a radius of 20.00 feet, a central angle of 109°22'23”, and a chord bearing and distance of North 84°49'52” East, 32.64 feet to a point of tangency; (4) South 40°28'57” East, a distance of 58.35 feet to a point of curvature; (5) Southwesterly 45.67 feet along the arc of a curve to the right, said curve being concave Northwesterly, having a radius of 20.00 feet, a central angle of 130°50'20”, and a chord bearing and distance of South 24°56'13” West, 36.38 feet to a point of tangency; (6) North 89°38'37” West, a distance of 63.43 feet to the POINT OF BEGINNING.
The above described parcel contains 0.140 acres more or less, or 6,110 square feet more or less.
LESS: (Lift Station)
A parcel of land lying in Section 2, Township 32 South, Range 18 East, Hillsborough County, Florida, explicitly described as follows:
From the Southeast corner of said Section 2, proceed thence on the South boundary thereof, also being the centerline of Shell Point Road, (Bellamy Avenue), at this point, N 89°54'50” W, a distance of 1694.30 feet thence N 00°05'10” E, a distance of 3009.28 feet to the Point of Beginning; thence N 88° 38'50” W, a distance of 35.00 feet; thence N 01°21'10” E, a distance of 42.00 feet; thence S 88° 38'50” E, a distance of 35.00 feet; thence S 01°21'10” W, a distance of 42.00 feet to the Point of Beginning.
TOGETHER WITH
DESCRIPTION (Remainder of Northeast Parcel, and Remainder of BAHIA BEACH TRACT “A” (PRESERVE AREA))
A portion of the land designated as “Future Development” on BAHIA BEACH SOUTH UNIT No. 1 as per the map or plat thereof recorded in Plat Book 40, Page 81 of the Public Records of Hillsborough County, Florida, AND a portion of Section 2, Township 32 South, Range 18 West, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southeast corner of that certain parcel of land described as “Northeast Parcel” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence on the Southerly boundary of said certain parcel, South 88°38'26” East, a distance of 203.02 feet to the POINT OF BEGINNING, said point being on the Westerly boundary of that certain parcel of land described as “WATER ACCESS/WALKWAYS No. 3” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida; thence the following five (5) courses on the boundaries of said “WATER ACCESS/WALKWAYS No. 3”: (1) North 08°04'06” East, a distance of 23.97 feet; (2) North 14°36'54” East, a distance of 137.64 feet; (3) South 78°40'28” East, a distance of 21.36 feet to a point of curvature; (4) Northwesterly 51.19 feet along the arc of a curve to the left, said curve being concave Southwesterly, having a radius of 41.00 feet, a central angle of 71°32'06”, and a chord bearing and distance of North 53°38'18” West, 47.93 feet to a point of tangency; (5) North 89°24'21” West, a distance of 219.18 feet to a point on the Westerly boundary of said “Northeast Parcel”; thence on said Westerly boundary, North 01°21'45” East, a distance of 20.00 feet to a point on the Northerly boundary of said BAHIA BEACH SOUTH UNIT No. 1; thence on said Northerly boundary, North 89°24'56” West, a distance of 236.27 feet to a point on the Westerly boundary of that certain parcel of land known as “BAHIA BEACH TRACT “A” (PRESERVE AREA)”; thence on said Westerly boundary, North 18°29'48” East, a distance of 63.06 feet to a point on the Northerly boundary of that certain parcel of land described as “CANAL ACCESS CORRIDOR No. 1” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida, said point hereinafter referred to as Point “B”; thence the following five (5) courses on the boundaries of said “Canal Access Corridor No. 1”: (1) South 89°24'21” East, a distance of 435.80 feet to a point of curvature; (2) Southeasterly 275.51 feet along the arc of a curve to the right, said curve being concave Southwesterly, having a radius of 121.00 feet, a central angle of 130°27'30”, and a chord bearing and distance of South 24°10'36” East, 219.73 feet to the end of said curve; (3) North 78°40'28” West, a distance of 15.11 feet; (4) South 14°36'54” West, a distance of 57.53 feet; (5) South 08°04'06” West, a distance of 9.94 feet to a point on the Southerly boundary of said “BAHIA BEACH TRACT “A” (PRESERVE AREA)”; thence on said Southerly boundary, North 88°38'26” West, a distance of 80.56 feet to the POINT OF BEGINNING.
The above described parcel contains 1.267 acres more or less, or 55,211 square feet or less.
TOGETHER WITH a non-exclusive easement as provided for in the Declaration of Covenants and Restrictions recorded in Official Records Book 3834, Page 1619, Public Records of Hillsborough County, Florida, for ingress and egress over and across Bahia Beach Drive and Seagrape Drive as shown on the Plat of Bahia Beach South Unit No. 1, recorded in Plat Book 40, Page 81, Public Records of Hillsborough County, Florida, and as conveyed to Bahia Beach Property Owners Association, Inc. in Official Records Book 4519, Page 758, Public Records of Hillsborough County, Florida, and over and across that portion of Tarpon Drive as described in Grant of Easement for Access recorded in Official Records Book 3726, Page 708, Public Records of Hillsborough County, Florida.
AND TOGETHER WITH:
A portion of that certain parcel of land described as “RIGHT-OF-WAY PARCEL No. 1” in deed recorded in Official Records Book 13842, Page 1172 of the Public Records of Hillsborough County, Florida, lying in Section 2, Township 32 South, Range 18 West, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southwesterly corner of the right-of-way for SEAGRAPE DRIVE as shown on BAHIA BEACH SOUTH UNIT No. 1 as per the map or plat thereof recorded in Plat Book 40, Page 81 of the Public Records of Hillsborough County, Florida; thence on the Westerly right-of-way line of said SEAGRAPE DRIVE, North 00°34'11” West, a distance of 103.20 feet to a point of curvature; thence departing said Southerly right-of-way line, Northwesterly 93.08 feet along the arc of a curve to the left, said curve being concave Southwesterly, having a radius of 60.00 feet, a central angle of 88°53'15”, and a chord bearing and distance of North 45°00'48” West, 84.03 feet to a point of tangency, said point being on the Southerly right-of-way line of said SEAGRAPE DRIVE; thence the following four (4) courses on said Southerly right-of-way line: (1) North 89°27'26” West, a distance of 6.38 feet to a point of curvature; (2) Westerly 44.08 feet along the arc of a curve to the right, said curve being concave Northerly, having a radius of 155.50 feet, a central angle of 16°14'24”, and a chord bearing and distance of North 81°20'14” West, 43.93 feet to the POINT OF BEGINNING, said point being a point of reverse curvature; (3) Westerly 32.79 feet along the arc of a curve to the left, said curve being concave Southerly, having a radius of 114.39 feet, a central angle of 16°25'35”, and a chord bearing and distance of North 81°25'49” West, 32.68 feet to a point of tangency; (4) North 89°38'37” West, a distance of 92.63 feet; thence departing said Southerly right-of-way line, continue North 89°38'37” West, a distance of 542.03 feet to a point of curvature, said point being hereinafter referred to as POINT”A”; thence Northwesterly 156.80 feet along the arc of a curve to the right, said curve being concave Northeasterly, having a radius of 75.00 feet, a central angle of 119°47'17”, and a chord bearing and distance of North 29°44'58” West, 129.76 feet to a point of tangency; thence North 30°08'40” East, a distance of 50.87 feet to a point of curvature; thence Easterly 143.17 feet along the arc of a curve to the right, said curve being concave Southerly, having a radius of 75.00 feet, a central angle of 109°22'23”, and a chord bearing and distance of North 84°49'52” East, 122.40 feet to a point of tangency; thence South 40°28'57” East, a distance of 115.31 feet to a point of curvature; thence Southeasterly 64.35 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 75.00 feet, a central angle of 49°09'40”, and a chord bearing and distance of South 65°03'47” East, 62.40 feet to a point of tangency; thence South 89°38'37” East, a distance of 317.87 feet to a point of curvature, said point being on the Northerly right-of-way line of said SEAGRAPE DRIVE; thence Northeasterly 49.91 feet along the arc of a curve to the left, said curve being concave Northwesterly, having a radius of 25.00 feet, a central angle of 114°22'34”, and a chord bearing and distance of North 33°10'06” East, 42.02 feet to a point of cusp; thence departing said Northerly right-of-way line, South 24°01'11” East, a distance of 10.99 feet to a point of curvature; thence Southeasterly 133.53 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 155.50, a central angle of 49°12'05”, and a chord bearing and distance of South 48°37'13” East, 129.47 feet to the POINT OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: From the point previously referred to as POINT “A”, run thence N.00°21'23”E., 55.0 feet to a point on a curve, said point also being the POINT OF BEGINNING; thence Northwesterly, 41.81 feet along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 119°47'17” (chord bearing N.29°44'58”W., 34.60 feet) to a point of tangency; thence N.30°08'40”E., 50.87 feet to a point of curvature; thence Easterly, 38.18 feet along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 109°22'23” (chord bearing N.84°49'52”E., 32.64 feet) to a point of tangency; thence S.40°28'57”E., 58.35 feet to a point of curvature; thence Southwesterly, 45.67 feet along the arc of a curve to the right having a radius of 20.00 feet and a central angle of 130°50'20” (chord bearing S. 24°56'13”W., 36.38 feet) to a point of tangency; thence N.89°38'37”W., 63.43 feet to the POINT OF BEGINNING.
ALSO LESS AND EXCEPT ANY PORTION LYING IN THE FOLLOWING DESCRIBED PARCEL:
A portion of Section 2, Township 32 South, Range 18 West, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southwesterly corner of the right-of-way for SEAGRAPE DRIVE as shown on BAHIA BEACH SOUTH UNIT No. 1 as per the map or plat thereof recorded in Plat Book 40, Page 81 of the Public Records of Hillsborough County, Florida; thence on the Westerly right-of-way line of said SEAGRAPE DRIVE, North 00°34'11” West, a distance of 103.20 feet to a point of curvature; thence departing said Southerly right-of-way line, Northwesterly 93.08 feet along the arc of a curve to the left, said curve being concave Southwesterly, having a radius of 60.00 feet, a central angle of 88°53'15”, and a chord bearing and distance of North 45°00'48” West, 84.03 feet to a point of tangency, said point being on the Southerly right-of-way line of said SEAGRAPE DRIVE; thence on said Southerly right-of-way line, North 89°27'26” West, a distance of 6.38 feet to a point of curvature; thence on said Westerly right-of-way line, and the northerly extension thereof, Westerly 71.18 feet along the arc of a curve to the right, said curve being concave Northerly, having a radius of 155.50 feet, a central angle of 26°13'44”, and a chord bearing and distance of North 76°20'34” West, 70.56 feet to the POINT OF BEGINNING; thence North 86°05'31” West, a distance of 163.03 feet; thence North 89°57'03” West, a distance of 498.01 feet; thence North 59°18'24” West, a distance of 49.06 feet; thence North 33°00'24” East, a distance of 187.04 feet; thence North 45°51'44” East, a distance of 32.09 feet; thence South 24°08'42” East, a distance of 33.73 feet; thence South 44°08'16” East, a distance of 109.17 feet; thence South 46°26'41” East, a distance of 41.23 feet to a point on a non-tangent curve; thence Southeasterly 35.70 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 39.00 feet, a central angle of 52°27'05”, and a chord bearing and distance of South 67°18'23” East, 34.47 feet to the end of said curve; thence South 32°50'14” East, a distance of 8.54 feet; thence North 80°21'29” East, a distance of 16.80 feet; thence North 68°51'27” East, a distance of 15.26 feet; thence South 02°16'19” West, a distance of 19.00 feet; thence South 87°43'41” East, a distance of 69.78 feet to a point of curvature; thence Easterly 39.89 feet along the arc of a curve to the left, said curve being concave Northerly, having a radius of 257.00 feet, a central angle of 08°53'36”, and a chord bearing and distance of North 87°49'31” East, 39.85 feet to the end of said curve; thence North 07°02'51” West, a distance of 19.00 feet; thence South 83°56'32” East, a distance of 37.34 feet; thence North 83°32'16” East, a distance of 16.00 feet, thence North 48°31'39” East, a distance of 43.80 feet; thence North 23°41'29” West, a distance of 24.92 feet; thence North 42°38'48” East, a distance of 3.66 feet; thence South 71°00'56” East, a distance of 7.87 feet; thence North 18°59'04” East, a distance of 121.00 feet; thence North 71°00'56” West, a distance of 10.25 feet; thence North 18°59'04” East, a distance of 30.20 feet; thence North 24°01'11” West, a distance of 101.62 feet; thence North 32°17'51” West, a distance of 46.50 feet; thence North 23°10'11” West, a distance of 180.61 feet; thence North 68°16'24” East, a distance of 8.60 feet to a point on the Westerly right-of-way line of said SEAGRAPE DRIVE; thence on said Westerly right-of-way line. Southerly 5.26 feet along the arc of a curve to the left, said curve being concave Easterly, having a radius of 50.50 feet, a central angle of 05°58'24”, and a chord bearing and distance of South 21°01'59” East, 5.26 feet to a point of tangency; thence continue on said Westerly right-of-way line, and the Southerly extension thereof, South 24°01'11” East, a distance of 527.40 feet to a point of curvature; thence Southeasterly 106.41 feet along the arc of a curve to the left, said curve being concave Northeasterly, having a radius of 155.50 feet, a central angle of 39°12'31”, and a chord bearing and distance of South 43°37'27” East, 104.35 feet to the POINT OF BEGINNING.
ALSO LESS:
All of BAHIA BEACH TOWNHOMES PHASE 2, according to the plat thereof as recorded in Plat Book 103, Pages 241 through 249, Public Records of Hillsborough County, Florida.
AND ALSO LESS:
Unit 229, Harborside, a Condominium, according to the Declaration of Condominium recorded June 27, 2007, in Official Records Book 17891, Page 1945, Public Records of Hillsborough County, Florida, and all amendments thereto, together with an undivided interest in the common elements appurtenant thereto as set forth in said declaration; AND
AND ALSO LESS:
Unit 214, Harborside, a Condominium, according to the Declaration of Condominium recorded June 27, 2007, in Official Records Book 17891, Page 1945, Public Records of Hillsborough County, Florida, and all amendments thereto, together with an undivided interest in the common elements appurtenant thereto as set forth in said declaration; AND
AND ALSO LESS:
Unit 316, Building 2, HARBORSIDE, a Condominium, according to the Declaration of Condominium recorded June 27, 2007 in Official Records Book 17891, Page 1945, Public Records of Hillsborough County, Florida, and all amendments thereto, together with an undivided interest in the common elements appurtenant thereto as set forth in said declaration; and
AND ALSO LESS:
Unit 404, Harborside, a Condominium, according to the Declaration of Condominium recorded June 27, 2007, in Official Records Book 17891, Page 1945, Public Records of Hillsborough County, Florida, and all amendments thereto, together with an undivided interest in the common elements appurtenant thereto as set forth in said declaration; AND
AND ALSO LESS:
Unit 519, HARBORSIDE, a Condominium, according to the Declaration of Condominium recorded June 27, 2007 in Official Records Book 17891, Page 1945, Public Records of Hillsborough County, Florida, and all amendments thereto, together with an undivided interest in the common elements appurtenant thereto as set forth in said declaration.
ALSO LESS:
DESCRIPTION (The Point at Little Harbor, Phase 1 and Phase 2 combined)
A portion of Section 2, Township 32 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Southwesterly corner of the right-of-way for SEAGRAPE DRIVE as shown on BAHIA BEACH SOUTH UNIT NO. 1 as per the map or plat thereof recorded in Plat Book 40, Page 81 of the Public Records of Hillsborough County, Florida; thence on the Westerly right-of-way line of said SEAGRAPE DRIVE, North 00°34'11” West, a distance of 103.20 feet to a point of curvature; thence departing said Southerly right-of-way line, Northwesterly 93.06 feet along the arc of a curve to the left, said curve being concave Southwesterly having a radius of 60.00 feet, a central angle of 88°53'15”, and a chord bearing and distance of North 45°00'48” West, 84.03 feet to a point of tangency, said point being on the Southerly right-of-way line of said SEAGRAPE DRIVE ; thence on said Southerly right-of-way line, North 89°27'26” West, a distance of 6.38 feet to a point of curvature; thence on said Westerly right-of-way line and the northerly extension thereof Westerly 71.18 feet along the arc of a curve to the right, said curve being concave Northerly, having a radius of 155.50 feet, a central angle of 26°13'44”, and a chord bearing and distance of North 76°20'34” West, 70.56 feet to the end of said curve; thence the following three courses on the Southerly boundaries of that certain parcel of land deeded to South Bay Community Development District for the purpose of right-of-way as described in Official Records Book 14551, Page 140 of the Public Records of Hillsborough County, Florida (1) North 86°05'31” West, a distance of 163.03 feet; (2) North 89°57'03” West, a distance of 498.01 feet; (3) North 59°18'24” West, a distance of 49.06 feet to the POINT OF BEGINNING; thence South 33°00'24” West, a distance of 55.52 feet; thence South 00°00'00” East a distance of 92.30 feet; thence South 88°58'56” West, a distance of 5.82 feet; thence South 88°58'22” West, a distance of 41.98 feet; thence South 07°48'37” West, a distance of 15.89 feet; thence South 85°07'58” West, a distance of 22.09 feet; thence South 06°33'44” West, a distance of 14.54 feet; thence North 89°42'53” West, a distance of 24.17 feet; thence North 06°38'17” East, a distance of 31.94 feet; thence South 89°47'58” West, a distance of 13.62 feet; thence South 83°15”00” West, a distance of 37.26 feet; thence North 37°11'18” West, a distance of 30.99 feet; thence North 29°23'28” West, a distance of 36.30 feet; thence North 08°24'27” West, a distance of 12.08 feet; thence North 59°48'54” West, a distance of 54.49 feet; thence North 30°47'48” East, a distance of 50.10 feet; thence South 59°29'51” East, a distance of 38.69 feet; thence North 32°20'18” East, a distance of 71.68 feet; thence North 28°44'59” East, a distance of 69.49 feet; thence North 29°49'58” East, a distance of 8.69 feet; thence North 29°45'31” East, a distance of 76.51 feet; thence North 32°44'44” East, a distance of 52.25 feet; thence North 29°00'20” East, a distance of 61.35 feet; thence North 30°59'55” East, a distance of 62.30 feet; thence North 36°43'22” East, a distance of 68.98 feet; thence North 34°24'33” East, a distance of 55.63 feet; thence North 35°53'14” East, a distance of 73.62 feet; thence North 84°32'16” East, a distance of 40.21 feet; thence South 30°45'35” East, a distance of 28.38 feet; thence South 21°10'28” East, a distance of 51.36 feet; thence South 24°31'25” East, a distance of 53.60 feet; thence South 18°57'39” East, a distance of 80.78 feet; thence South 45°51'44” West, a distance of 158.20 feet; thence South 45°51'44” West, a distance of 32.09 feet; thence South 33°00'24” West, a distance of 187.04 feet, to the POINT OF BEGINNING.
1. Additional Collateral Defined: The items which shall be the subject of this Assignment, and which are sometimes collectively referred to as “Additional Collateral” are as follows:
(a) Permits and Licenses. All permits, licenses, approvals, orders, certificates and agreements with, from or issued by any board, agency, authority, department, governmental or otherwise (collectively the “Governmental Authorities”), relating directly or indirectly to the ownership, use, development, operation or maintenance of the Premises, or the construction of improvements on the Premises, whether heretofore or hereafter issued or executed, together with all letters of credit, certificates of deposit, bonds or other agreements securing or guaranteeing payment or performance thereunder (collectively, the “Permits”).
(b) Contracts. All contracts, subcontracts, agreements, utility agreements, cleaning, servicing or maintenance agreements, management or marketing agreements, warranties and purchase orders which have heretofore been or will hereafter be executed by or on behalf of Assignor, or which have been or will be assigned to Assignor, in connection with the use, operation and maintenance of the Premises, or the construction, installation, repair or rehabilitation of improvements on the Premises together with any deposits, fees or advance payments thereunder (collectively, the “Contracts”). The parties with whom Contracts have been or will be entered into are hereinafter collectively referred to as the “Contractors.”
(c) Sales Agreements. All contracts and agreements which have heretofore been or are hereafter executed by or on behalf of Assignor in connection with the sale of any unit, lot or all or any portion of the Premises, and, without limiting the foregoing, any monies received by Assignor in connection therewith (collectively, the “Sales Agreements”). The parties with whom the Sales Agreements have been or are entered into are hereinafter collectively referred to as the “Purchasers”.
(d) Leases. All written or verbal agreements for the leasing, letting, rental, use or occupancy of all or any portion of the Premises which have heretofore been or are hereafter executed by or entered into on behalf of Assignor, together with the rents, issues and profits now due or which may hereafter become due thereunder and any advance rent, security deposits or other payments made or to be made pursuant thereto (collectively, the “Leases”). The parties with whom the Leases have been or are entered into are hereinafter collectively referred to as the “Lessees”.
(e) Homeowners Documents. All declarations of covenants or restrictions, condominium declarations or documents or articles of incorporation or bylaws of any property owners associations now or hereafter affecting any portion of the Premises, including, without limitation, the Bahia Beach Declaration of Covenants and Restrictions recorded in Official Records Book 3834, Page 1619 of the Public Records of Hillsborough County, Florida, as amended from time to time (collectively, the “Homeowners Documents”).
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.
WITNESS my hand and the official seal of this Court at Tampa, Hillsborough County, Florida this 30 day of June, 2012.
In accordance with the Americans With Disabilities Act, persons with disabilities needing a special accommodation to participate in this proceeding are entitled, at no cost, to the provision of certain assistance, shall contact the ADA Coordinator at 813/272-7040 within seven (7) working days of your receipt of this document. If hearing impaired, (TDD) 1-800/955-8771, or Voice (V) 1-800/955-8770, via Florida Relay Service.
PAT FRANK
As Clerk of Said Court
(COURT SEAL) By: Angela Gary Deputy Clerk
ROBERT D. GATTON, P.A.
By: Robert D. Gatton, Esquire
Florida Bar Number: 0167011
BROAD AND CASSEL
390 North Orange Avenue
Suite 1400
Orlando, Florida 32801
Post Office Box 4961
Orlando, Florida 32802-4961
(407) 839-4200
Attorney for Plaintiff
July 6, 13, 2012 12-2596H