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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 DIVISION
Case No.: 12-CA-057604
Judge Keith R. Kyle
PNC BANK, NATIONAL ASSOCIATION, as successor by merger to National City Bank,
National Association,
Plaintiff, vs.
PLAZA FORT MYERS LLC,
a Florida limited liability company,
and the CODE ENFORCEMENT BOARD OF THE CITY OF FORT MYERS, a Florida municipal corporation,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Final Judgment of Foreclosure filed on April 8, 2013, in the above-styled cause, in the Circuit Court of Lee County, Florida, the Clerk of this Circuit Court, will sell the following property, situated in Lee County, Florida, and more particularly described as follows:
PARCEL 1:
PARCEL LYING IN SECTION 23, TOWNSHIP 44 SOUTH, RANGE 24 EAST, CITY OF FORT MYERS, LEE COUNTY, FLORIDA.
A TRACT OR PARCEL OF LAND LYING IN GOVERNMENT LOTS 1 AND 2, SECTION 23, TOWNSHIP 44 SOUTH, RANGE 24 EAST, CITY OF FORT MYERS, LEE COUNTY, FLORIDA WHICH TRACT OR PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT WHERE THE NORTHERLY LINE OF MCGREGOR BOULEVARD (60 FEET WIDE) IS INTERSECTED BY THE WESTERLY LINE OF ALTAMONT AVENUE (45 FEET WIDE) THENCE RUN SOUTH 45 DEGREES 04 MINUTES 09 SECONDS WEST ALONG SAID NORTHERLY LINE FOR 654.46 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF VIRGINIA AVENUE, FORMERLY WRIGHT STREET (60 FOOT WIDE); THENCE RUN NORTH 47 DEGREES 39 MINUTES 03 SECONDS WEST ALONG SAID EASTERLY LINE FOR 525.45 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF WEST FIRST STREET (60 FOOT WIDE); THENCE RUN NORTH 45 DEGREES 03 MINUTES 50 SECONDS EAST ALONG SAID SOUTHERLY LINE FOR 668.58 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID ALTAMONT AVENUE; THENCE RUN SOUTH 45 DEGREES 11 MINUTES 58 SECONDS EAST ALONG SAID WESTERLY LINE FOR 190.76 FEET; THENCE RUN SOUTH 46 DEGREES 37 MINUTES 51 SECONDS EAST ALONG SAID WESTERLY LINE FOR 334.31 FEET TO THE POINT OF BEGINNING.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTHWESTERLY LINE OF MCGREGOR BOULEVARD AS BEARING SOUTH 45 DEGREES 04 MINUTES 09 SECONDS EAST.
LESS AND EXCEPT ANY PART LYING WITHIN DEED RECORDED IN INSTRUMENT NUMBER 2007000070875, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
TOGETHER WITH all of the rents, income, profits, leases, contracts, permits, licenses, approvals, entitlements, development agreements, surveys, site plans and related information and or documents arising from or relating to the above-described property, including without limitation that certain Planned Development known as the “First Street Village Planned Unit Development” approved by the City of Fort Myers on October 17, 2005, through Ordinance 3305 as amended June 19, 2006 through Ordinance 3331, as subsequently amended by First Administrative Amendment, dated September 18, 2006 and Second Administrative Amendment dated September 28, 2007, and any tax increment financing benefits.
TOGETHER WITH the rights pursuant to Borrower's rights under that certain Agreement for Maintenance of Surface Water Management System, dated May 16, 2006 and recorded May 16, 2007, as Instrument No. 2007000160060, and under that certain Ordinance No. 3331 adopted by the City of Fort Myers on June 19, 2006, together with the right to any deposits or payments made thereunder, and all rights under that certain Easement recorded as Instrument No. 20070001600061.
PARCEL 2:
EASEMENT OPTION FOR STORM WATER MANAGEMENT, INGRESS, EGRESS AND MAINTENANCE, AS SHOWN IN MEMORANDUM OF EASEMENT OPTION AGREEMENT RECORDED OCTOBER 25, 2010 IN CLERK'S INSTRUMENT NUMBER 2010000265355, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
EASEMENT OPTION LAND LYING IN SECTION 23, TOWNSHIP 44 SOUTH, RANGE 24 EAST, CITY OF FORT MYERS, LEE COUNTY, FLORIDA WHICH EASEMENT OPTION IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF A DEED AS RECORDED IN INSTRUMENT NUMBER 2005000164620, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, RUN NORTH 44 DEGREES 59 MINUTES 46 SECONDS EAST ALONG THE SOUTHEAST LINE OF SAID DEED FOR 52.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT OF RADIUS 24.50 FEET (DELTA 16 DEGREES 35 MINUTES 41 SECONDS) (CHORD BEARING NORTH 38 DEGREES 17 MINUTES 39 SECONDS EAST) (CHORD 7.07 FEET) FOR 7.10 FEET; THENCE RUN NORTH 44 DEGREES 59 MINUTES 46 SECONDS EAST DEPARTING SAID DEED FOR 18.51 FEET; THENCE RUN NORTH 44 DEGREES 40 MINUTES 39 SECONDS WEST FOR 178.63 FEET; THENCE RUN NORTH 45 DEGREES 04 MINUTES 09 SECONDS EAST FOR 263.83 FEET; THENCE RUN SOUTH 46 DEGREES 01 MINUTES 50 SECONDS EAST FOR 180.24 FEET; THENCE RUN NORTH 43 DEGREES 58 MINUTES 10 SECONDS EAST FOR 18.62 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CLIFFORD STREET (45 FEET WIDE); THENCE RUN SOUTH 46 DEGREES 01 MINUTES 50 SECONDS EAST ALONG SAID RIGHT-OF-WAY FOR 32.42 FEET; THENCE RUN SOUTH 44 DEGREES 52 MINUTES 47 SECONDS WEST DEPARTING SAID RIGHT-OF-WAY FOR 47.09 FEET; THENCE RUN SOUTH 50 DEGREES 11 MINUTES 22 SECONDS WEST FOR 27.27 FEET; THENCE RUN SOUTH 45 DEGREES 04 MINUTES 09 SECONDS WEST FOR 290.00 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF ALTAMONT AVENUE (45 FEET WIDE); THENCE RUN NORTH 46 DEGREES 37 MINUTES 51 SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE FOR 30.45 FEET TO THE POINT OF BEGINNING.
BEARING HEREINABOVE MENTIONED ARE BASED ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CLIFFORD STREET TO BEAR SOUTH 46 DEGREES 01 MINUTES 50 SECONDS EAST.
The Clerk of this Circuit Court will sell the property all at public sale, to the highest and best bidder, for cash, in an online sale at www.lee.realforeclose.com, beginning at 9:00 A.M., on May 8, 2013, in accordance with Chapter 45 Florida Statutes.
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 on this 8 day of April, 2013.
LINDA DOGGETT
Clerk of Circuit Court
(SEAL) By: M. Parker
Clerk of Circuit Court
Dana R. Blunt, Esq.
Carlton Fields, P.A.
P.O. Box 3239
Tampa, FL 33601-3239
Phone: (813) 223-7000
Fax: (813) 229-4133
April 19, 26, 2013 13-01868L