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FIRST INSERTION
NOTICE OF SALE PURSUANT TO CHAPTER 45, FLORIDA STATUTES
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2012-CA-005178 NC Div. C
IBERIABANK, a Foreign Corporation, as successor-in-interest to Century Bank, FSB,
Plaintiff, vs.
FRUITVILLE ASSOCIATES, LLC, a Florida Limited Liability Company; STEWART F. DENHOLTZ, individually; and SARASOTA COMMERCE CENTER ASSOCIATION, INC., a Florida Corporation,
Defendants.
NOTICE IS HEREBY PROVIDED that, in accordance with the Stipulated Final Judgment of Foreclosure in the above-styled cause, the Clerk of Court for Sarasota County, Florida will sell to the highest and best bidder for cash at a public sale on December 3, 2012 at 9:00 a.m. at www.sarasota.realforeclose.com, the Clerk's website for online auctions, after having first given notice as required by Section 45.031, Florida Statutes, the property described in Exhibit “1” hereto:
EXHIBIT 1
Legal Description
Parcel 1: Lot 2, SARASOTA COMMERCE CENTER SUBDIVISION, as per plat thereof recorded in Plat Book 34, Page 17, Public Records of Sarasota County, Florida.
ALSO that part of Lot 1, of SARASOTA COMMERCE CENTER SUBDIVISION more particularly described as follows:
Commence at the NE corner of said Lot 1; thence along the East line of said Lot 1, S 00Ëš 18'51” W, 261.62 feet to the Point of Beginning of land described; thence continue S 00Ëš 18'51”W, 157.24 feet to the north boundary of said Lot 2; thence along said North boundary, the following courses and distances; N 88Ëš 58' 62” W, 100.00 feet; thence S 61Ëš 01'08” W, 129.05 feet; thence N 88Ëš 58'52” W, 510.11 feet to the West line of said Lot 1; thence along said West line N 00Ëš 20'31” E, 240.47 feet to the South line of a 25.00 feet wide ingress and egress easement being a point on a curve concave to the South, having a radius of 87.50 feet and a delta angle of 41Ëš 48' 12” whose chord bears S 70Ëš 56' 30” E; thence along said curve in a clockwise direction, 83.84 feet to the beginning of a reverse curve concave to the north, having a radius of 112.50 feet and a delta angle of 41Ëš 26'53”, whose chord bears S 70Ëš 44'51” E; thence along said curve in a counterclockwise direction; 81.38 feet; thence tangent to the last curve, N 88Ëš 31' 43” E, 588.35 feet to the Point of Beginning.
Parcel 2:
Non-Exclusive Easements for the benefit of Parcel 1 as created by Warranty Deed, dated December 20, 1985 and recorded December 23, 1985 recorded in Official Records Book 1824, Page 2871, of the Public Records of Sarasota County, Florida, for ingress, egress and utility and drainage easements over, under and across the land described herein. Subject to the terms, provisions, and conditions set forth in said instrument.
Parcel 3:
Non-Exclusive Easements for the benefit of Parcel 1 as created by Easement Agreement, dated December 20, 1985 and recorded December 23, 1985 recorded in Official Records Book 1824, Page 2876, of the Public Records of Sarasota County, Florida, for ingress, egress and utility and drainage easements over, under and across the land described herein. Subject to the terms, provisions, and conditions set forth in said instrument.
Parcel 4:
A non-exclusive easement for ingress and egress by vehicular traffic (but not construction traffic of any kind) established by that certain Reciprocal Access Easement agreement by and between SKR Land Partnership, Sarasota Corners Associates and Dayton Hudson Corporation recorded in official Records Book 2955, Page 1973, Public Records of Sarasota County, Florida, over the following described property:
A portion of Lot 1, Sarasota Commerce Center Subdivision, recorded in Plat Book 34, Pages 17 and 17A, Public Records of Sarasota County, Florida, being a strip of land 25.00 feet wide, lying 12.50 feet on each side of the following described centerline:
Commence at the Northeast corner of said Lot 1; thence along the East line of said Lot 1, also being the Westerly right-of-way line of Electric Boulevard, a publicly-dedicated right-of-way, South 00Ëš 18'51” West, 249.11 feet to the Point of Beginning of the centerline being described; thence South 88Ëš 31'43” West, 588.74 feet to the beginning of a tangential curve concave to the North, having a radius of 100.00 feet and a delta angle of 41Ëš 26' 53”, whose chord bears North 70Ëš 44'51” West; thence along said curve in a clockwise direction, 72.34 feet to the beginning of a reverse curve concave to the South, having a radius of 100.00 feet and a delta angle of 41Ëš 31'56”, whose chord bears North 70Ëš 47' 22” West; thence along said curve in a counterclockwise direction, 72.49 feet to a point on the West line of said Lot 1 lying 199.00 feet from the Northwest corner of said Lot 1 for a point of termination of said centerline. The sidelines of said strip are to be extended or shortened as applicable, to the east and west lines of said Lot 1.
Parcel 5:
A stormwater drainage easement for the benefit of Parcel 1 as created by an Easement Agreement dated July 10, 1992 and recorded July 10, 1992 in Official Records Book 2415, Page 87, of the Public Records of Sarasota County, Florida
Parcel 6:
A portion of Lot 3, SARASOTA COMMERCE CENTER SUBDIVISION, as per plat thereof recorded in Plat Book 34, Page 17, Public Records of Sarasota County, Florida, described as follows:
Begin at the Northwest corner of said Lot 3, SARASOTA COMMERCE CENTER SUBDIVISION, for a point of beginning; thence leaving said corner and along the West line of said Lot 3, S 00Ëš 20'31”W, 158.48 feet; thence leaving said West line, S 88Ëš 58'52” E, 355.41 feet to its intersection with a curve to the right, whose center bears N 74Ëš 14'39” E, 59.91 feet; thence, in a Northerly direction, along the arc of said curve having a radius of 59.91 feet and a central angle of 16Ëš 18'01”; 17.04 feet; thence along a non-tangent line to the last curve, N 01Ëš 57' 12” E, 19.80 feet to a point lying on the arc of a curve to the right, whose center bears S 85Ëš 08'54” E, 120.59 feet; thence in a Northeasterly direction, along the arc of said curve, having a radius of 120.59 feet and a central angle of 67Ëš 02'14”, 141.09 feet; thence along a non-tangent line to the last curve, N 72Ëš 29'49” E, 14.55 feet to a point on the arc of a curve to the left, whose center bears N 21Ëš 32' 59” W, 111.55 feet; thence in a Northeasterly direction, along the arc of said curve, having a radius of 111.55 feet and a central angle of 12Ëš 12'17”, 23.76 feet to its intersection with the North line of the aforementioned Lot 3, Sarasota Commerce Center Subdivision, thence along said North line, N 88Ëš 58'52” W, 470.33 feet to the point of beginning.
Together with:
An access, roadway construction, utility and drainage easement lying within a portion of Lot 3, Sarasota Commerce Center Subdivision, according to the plat thereof recorded in Plat Book 34, Page 17, Public Records of Sarasota County, Florida, being more particularly described as follows:
Commence at the Northwest corner of said Lot 3, thence along the North line of said Lot 3, S 88Ëš 58'52” E, a distance of 470.33 feet to the Point of Beginning; thence continue along said North line of Lot 3, S 88Ëš 58'52” E, a distance of 13.22 feet; thence continue along the boundary line of said Lot 3, the following 10 calls and distances, N 11Ëš 21'14”E, a distance of 83.75 feet to a point on a tangent curve concave Southeasterly having a radius of 205.71 feet, a central angle of 30Ëš 08'14”; thence along the arc of said curve Northeasterly a distance of 108.20 feet; thence N 41Ëš 29'28”E, a distance of 76.67 feet to a point on a tangent curve concave Southeasterly having a radius of 146.87 feet, a central angle of 48Ëš 40'35”; thence along the arc of said curve Northeasterly, a distance of 119.65 feet to the Northeast corner of said Lot 3; thence S 01Ëš 49'57”E, a distance of 50.00 feet to a point, said point lying on a non-tangent curve concave Southeasterly whose center bears S 01Ëš 49'57” E, having a radius of 96.87 feet, a central angle of 46Ëš 40'35”; thence along the arc of said curve Southwesterly a distance of 78.91 feet; thence along a non-tangent line to the last curve S 41Ëš 29'35” W, a distance of 1.46 feet to a point on a curve concave Southeasterly, having a radius of 786.00 feet, a central angle of 6Ëš 11'16'; thence along the arc of said curve Southwesterly, a distance of 84.89 feet to a point on a compound curve concave Easterly, having a radius of 235.00 feet, a central angle of 23Ëš 56'59”; thence along the arc of said curve Southeasterly, a distance of 98.23 feet; thence S 11Ëš 21'14”W, a distance of 26.24 feet; thence departing the boundary line of Lot 3 along a non-tangent curve concave Northwesterly whose center bears N 71Ëš25'08”W, a radius of 104.28 feet, a central angle of 42Ëš 58'29”; thence along the arc of said curve Southwesterly, a distance of 78.22 feet to a point on a non-tangent curve concave Northwesterly whose center bears N 30Ëš 47'00”W, having a radius of 154.50 feet, a central angle of 15Ëš 51'17”; thence along the arc of said curve Southwesterly, a distance of 42.75 feet to a point on a non-tangent curve concave Southeasterly whose center bears S 18Ëš 06' 42”E, having a radius of 80.00 feet, a central angle of 90Ëš 18'25”; thence along the arc of said curve Southwesterly, a distance of 126.09 feet; thence N 88Ëš 58'52”W, a distance of 44.60 feet to a point on a non-tangent curve concave Southeasterly whose center bears N 74Ëš 14'39” E, having a radius of 59.91 feet, a central angle of 16Ëš 18'01”; thence along the arc of said curve Northeasterly, a distance of 17.04 feet; thence N 01Ëš 57'12” E, a distance of 19.80 feet to a point on a non-tangent curve concave Southeasterly whose center bears S 85Ëš 08'54”E, having a radius of 120.59 feet, a central angle of 67Ëš 02'14”; thence along the arc of said curve Northeasterly, a distance of 141.09 feet; thence N 72Ëš 29'49”E, a distance of 14.55 feet to a point on a non-tangent curve whose center bears N 21Ëš 32'59”W, having a radius of 111.55 feet, a central angle of 12Ëš 12'17”; thence along the arc of said curve Northeasterly, a distance of 23.76 feet to the point of beginning.
COLLATERAL DESCRIPTION
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the property described in Exhibit “B” (hereinafter referred to as the “Property”) and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter, located in, upon or under the Property now owned or hereafter acquired by Debtor, including but not limited to all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps, tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades, awnings; screens; storm doors and windows; stoves; wall beds; refrigerators, attached cabinets; partitions, ducts and compressors; rugs and carpets; draperies, furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall board, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment and Intangible property; together with all proceeds, additions and accessions thereto and replacements thereof, including after acquired property.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located in, upon or under the Property, including but not limited to all water mains, service laterals, hydrants, valves and appurtenances, and all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All of Debtor's rights, title and interest in and to the materials, soil, flowers, shrubs, crops, tree, timber and other emblements now or hereafter in, upon or under the Property.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property.
All of Debtor's interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guaranties of such leases or rental arrangements and including all present and future security deposits and advance rentals, and any and all assignments of rent with respect to the Property or any part thereof.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise or the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of or decrease in the value of the Property described in Exhibit “B” or in this exhibit.
All of Debtor's right, title or interest in and to all unearned premiums accrued, accruing to or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described in Exhibit “B” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor arising from contracts entered into in connection with development, construction upon or operation of the property, and all of Debtor's right, title and interest in and to any and all governmental licenses, permits, approvals, allocations and similar matters and documents obtained or to be obtained in connection with said development, construction and operation of the Property.
All of Debtor's right, title and interest in and to any trade names, names of businesses or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Exhibit “B” property.
All of Debtor's interest in all utility security deposits or bonds with respect to the Exhibit “B” property or any part or parcel thereof.
Fruitville Associates, LLC, a Florida limited liability company
By: Fruitville Managers, LLC, a Florida limited liability company, its Manager
By: Stewart F. Denholtz, Manager
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.
In accordance with the Americans With Disabilities Act, persons needing a reasonable accommodation to participate in this proceeding should contact the Clerk of the Circuit Court no later than seven business days prior to the proceeding at the Sarasota County Courthouse. Telephone 941-861-7425 (Sarasota and Venice) or 1-800-955-8770 via Florida Relay Service.
Dated: October 15, 2012.
Respectfully Submitted,
CARLTON FIELDS, P.A.
Attorneys for Plaintiff
Miami Tower
100 S.E. Second Street, Suite 4200
Miami, Florida 33131
Telephone: (305) 530-0050
Facsimile: (305) 530-0055
By: ALAN M. GRUNSPAN
Florida Bar No.: 451150
[email protected]
[email protected]
[email protected]
ADRIAN K. FELIX
Florida Bar No.: 30846
[email protected]
[email protected]
[email protected]
Oct. 26; Nov. 2, 2012 12-4092S