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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, state of FLORIDA
CIVIL DIVISION
Case No. 10-CA-015758
Division B
VIII FS TAMPA, L.L.C.,
Plaintiff, vs.
DBSI TELECOM OFFICE LLC, an Idaho Limited Liability Company; JAMES R. ZAZZALI, United States Bankruptcy Trustee; TAMPA TELECOM PARK OWNERS ASSOCIATION, INC., a Florida Non Profit Corporation; R.R. SIMMONS CONSTRUCTION CORPORATION, a Florida corporation; JOHN DOE AS UNKNOWN TENANT; JANE DOE AS UNKNOWN TENANT; and ALL OTHER PARTIES CLAIMING BY, THROUGH, OR UNDER SAID DEFENDANTS,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure, entered in this cause on March 22, 2013, the undersigned will sell the property situated in Hillsborough County, Florida, described as:
A PORTION OF LOT 7G, TAMPA TELECOM PARK - 5 A REPLAT OF LOT 7 OF TAMPA TELECOM PARK AS RECORDED IN PLAT BOOK 68, PAGE 33 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHERNMOST CORNER OF LOT 5C, TAMPA TELECOM PARK-4 A REPLAT OF LOT 5 OF TAMPA TELECOM PARK AS RECORDED IN PLAT BOOK 66, PAGE 9 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE 274.59 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF TELECOM DRIVE AND THE ARC OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 540.00 FEET A CHORD BEARING AND DISTANCE OF N 14°34'03” W, 271.64 FEET TO A POINT OF TANGENCY; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE NEXT TWO (2) COURSES AND DISTANCES: 1) N 00°00'00” W, 297.74 TO THE BEGINNING OF A TANGENT CURVE; 2) 114.57 FEET ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 540.00 FEET AND A CHORD BEARING AND DISTANCE OF N 06°04'43” E, 114.36 FEET TO THE SOUTHERN MOST CORNER OF LOT 7G AND THE POINT OF BEGINNING;THENCE N 77°50'35” W, FOR A DISTANCE OF 158.66 FEET; THENCE N 19°33'09” W FOR A DISTANCE OF 626.91 FEET TO THE ORDINARY HIGH WATER LINE OF THE HILLSBOROUGH RIVER AS SHOWN ON AN ALTA/ASCM SURVEY PREPARED BY HEIDT AND ASSOCIATES, DATED 11/09/02; THENCE ALONG SAID ORDINARY HIGH WATER LINE THE NEXT NINE (9)) COURSES AND DISTANCES; 1) N 39°00'04” E, 218.03 FEET; 2) N 76°53'48” E. 98.29 FEET; 3) N 82°51'18” E. 81.50 FEET; 4) S 44°19'05” E. 67.54 FEET; 5) S 84°19'29” E, 67.68 FEET; 6) S 84°20'29” E, 8.15 FEET: 7) N 44°37'01” E, 73.17 FEET; 8) N 52°10'08” E, 68.50 FEET; 9) N 47°25'09” E, 22.54 FEET THENCE S 34°00'00” E FOR A DISTANCE OF 470.63 FEET TO THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF TELECOM DRIVE; THENCE S 56°00'00” E ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 276.83 FEET TO A POINT OF CURVATURE; THENCE 267.31 FEET, CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 540.00 FEET AND A CHORD BEARING AND DISTANCE OF S 41°52'40” W, 264.59 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE THE NEXT THREE (3) COURSES AND DISTANCES: 1) N 62°10'00” W, 30.13 FEET; 2) S 24°05'42” W, 34.98 FEET; 3) S 31°50'37” E, 35.03 TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE AND ON THE ARC OF A CURVE; THENCE 94.34 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 540.00 FEET AND A CHORD BEARING AND DISTANCE OF S 17°12'14” W, 94.22 FEET TO THE POINT OF BEGINNING.
Property Address: 13010 Telecom Drive, Temple Terrace, Florida (hereinafter, the Real Property)
Together with:
All equipment and fixtures located on the above-described real estate, including all machinery, furniture and furnishings, together with all accessions, parts, attachments, accessories, tools and dies, or appurtenances thereto, or appertaining, attached, located thereon, kept, used or intended for use in connection therewith, and all substitutions, improvements and replacements thereof and additions thereto, and now owned or hereafter acquired or leased by DBSI TELECOM OFFICE LLC (the “debtor”);
and
All machinery, apparatus, equipment, fittings, fixtures and articles of personal property of every kind and nature whatsoever, other than consumable goods and/or manufactured homes, now or hereafter located in or upon the above-referenced real estate or any part thereof, and used or useable in connection with any present or future operation of the above-referenced real estate and now owned or hereafter owned by the debtor or leased by the debtor, including by way of description but without limiting the generality of the foregoing, all heating, lighting, laundry, incinerating, and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing apparatus, electrical apparatus (including, but not limited to all electrical transformers, switches, switch boxes, equipment boxes, cabinets, all whether used in the operation of the above-referenced real estate or any business operated within or upon the above-referenced real estate), lifting, cleaning, fire-prevention, fire-extinguishing, refrigerating, ventilating and communications apparatus, air-cooling, and air-conditioning apparatus, elevators, escalators, shades, awnings, screens, storm doors and windows, stoves, wall-beds, refrigerators, attached cabinets, partitions, ovens, ranges, disposals, dishwashers, carpeting, plants and shrubbery, ground maintenance equipment, ducts and compressors;
and
All building materials, goods, and personal property on the above-referenced real estate intended for incorporation in the above-referenced real estate, not yet affixed or incorporated into the above-referenced real estate;
and
All of the debtor's right, title and interest in, under and to all purchase agreements, sales agreements, option agreements, land contracts, leases and occupancy agreements, written or oral, now or hereafter existing in connection with the purchase and/or sale, leasing and/or occupancy of any part of the above-referenced real estate, and the proceeds, rents, issues, interest and profits derived therefrom or paid to the debtor in connection therewith;
and
Proceeds, and proceeds of hazard insurance and eminent domain or condemnation awards of all of the foregoing described properties or interest in properties, including all products of, and accessions to, such properties or interests in properties.
(all of the foregoing Real Property and non real estate collateral is known collectively as the “Property”).
Specifically excluded from the Property and excluded from the public sale are:
(a) All rights, title and interest, if any, of the Debtor to the plans and specifications, architectural renderings and models, drawings, licenses, governmental permits and approvals, soil test reports, environmental reports, proposals or materials now or hereafter existing in any way relating to the above referenced Real Property; and
(b) All licenses or permits in possession of the Debtor or in connection with or related in any way to construction and/or operation of the above-referenced Real Property,
at public sale, to the highest and best bidder, for cash, on May 13, 2013, at 10:00 a.m., by electronic sale at http://www.hillsborough.realforeclose.com.
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 an accommodation in order to access court facilities or participate in a court proceeding, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation, please contact Court Administration at least 7 days before your scheduled court appearance, or immediately upon receiving a notification of a scheduled court proceeding if the time before the scheduled appearance is less than 7 days. Complete the Request for Accommodations Form and submit to 800 E. Twiggs Street, Room 604, Tampa, FL 33602. ADA Coordination Help Line (813) 272-7040; Hearing Impaired Line 1-800-955-8771; Voice Impaired Line 1-800-955-8770.
Dated: March 28, 2013
Stephanie M. Martin
Florida Bar No. 0030585
Primary Email:
[email protected]
Secondary Email:
[email protected]
ADAMS AND REESE LLP
101 E. Kennedy Blvd., Suite 4000
Tampa, FL 33602
Telephone: (813) 402-2880
Facsimile: (813) 402-2887
Attorneys for Plaintiff
27804283-1
April 5, 12, 2013 13-03251H