13-04475L

FIRST INSERTION
NOTICE OF ACTION
CONSTRUCTIVE SERVICE
IN THE TWENTIETH JUDICIAL CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA
CIRCUIT CIVIL
CASE NO.: 12-CA-056579
RESIDENTIAL MORTGAGE TRUST 2008 R1,
Plaintiff, vs.
JAVA MANAGEMENT CO., LLC; STEVEN DAVID BARBOSA; DEBRA ANN BARBOSA; STATE OF FLORIDA DEPARTMENT OF REVENUE; THE VILLAGES AT THE DUNES HOMEOWNERS ASSOCIATION, INC.; UNKNOWN OCCUPANT “A” RESIDING AT 1407 SANDPIPER CIRCLE, SANIBEL, FL 33957; AND UNKNOWN OCCUPANT “B” RESIDING AT 1407 SANDPIPER CIRCLE, SANIBEL, FL 33957,
Defendants.
TO: JAVA MANAGEMENT CO., LLC.
YOU ARE NOTIFIED that an action has been filed for the purpose of foreclosing any interest that you have in real property and the establishment of a lien against the property as well as damages. The property to be foreclosed upon is located in LEE COUNTY, FLORIDA, to wit;
UNIT 3, LAKESIDE VILLAS, PHASE II, THE DUNES AT SANIBEL ISLAND, MORE FULLY DESCRIBED AS FOLLOWS:
A LOT OR PARCEL OF LAND LYING IN LOTS 12 AND 13, PHASE II, THE DUNES AT SANIBEL ISLAND, SECTION 19, TOWNSHIP 46 SOUTH, RANGE 23 EAST, CITY OF SANIBEL AS SHOWN ON SHEET 2 OF PLAT RECORDED IN PLAT BOOK 33, AT PAGE 89, LEE COUNTY RECORDS WHICH LOT OR PARCEL IS DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF SAID LOT 13 RUN NORTH 88°51'00” WEST ALONG THE NORTH LINE OF SAID LOT 13 AND SOUTH LINE OF SANDPIPER CIRCLE (50 FEET WIDE) FOR 72.47 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING RUN SOUTH 01°09'29” WEST ALONG THE CENTERLINE OF A MAINTENANCE EASEMENT 8 FEET WIDE, THE NORTHERLY PROLONGATION OF THE CENTERLINE OF THE PARTY WALL OF AN EXISTING DUPLEX STRUCTURE, THE CENTERLINE OF SAID WALL AND A SOUTHERLY PROLONGATION THEREOF FOR 265.04 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 13; THENCE RUN NORTH 88Ëš49'26” WEST FOR 72.49 FEET; THENCE RUN NORTH 01°09'00” EAST FOR 265.01 FEET TO SAID SOUTH LINE OF SANDPIPER CIRCLE; THENCE RUN SOUTH 88°51'00” EAST ALONG AND SAID SOUTH LINE FOR 72.53 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH THE HEREIN ABOVE DESCRIBED MAINTENANCE EASEMENT AS REQUIRED BY CITY OF SANIBEL ORDINANCE NO. GA-81-02 (ZERO LOT LINE DEVELOPMENT).
TOGETHER WITH AN EASEMENT FOR THE OPERATION AND MAINTENANCE OF THE EXISTING ELECTRIC POWER SUPPLY CABLE RUNNING UNDERGROUND FROM THE TRANSFORMER PAD ON THE EAST LINE OF LOT 13 SOUTHERLY, SOUTHWESTERLY AND WESTERLY TO THE ELECTRIC METERS ON THE EAST FACE OF THE EXISTING DUPLEX STRUCTURE; THENCE NORTHERLY AND WESTERLY ON THE LOWER SURFACE OF THE FLOOR JOISTS OF SAID STRUCTURE TO THE CENTERLINE OF THE PARTY WALL AND EAST LINE OF THE HEREIN DESCRIBED PARCEL.
SUBJECT TO AN EASEMENT FOR THE OPERATION AND MAINTENANCE OF AN EXISTING SANITARY SEWER LINE RUNNING UNDERGROUND FROM THE EXISTING SERVICE NEAR THE NORTHWESTERLY CORNER
OF SAID LOT 13 SOUTHEASTERLY TO THE EASTERLY LINE HEREINABOVE DESCRIBED PARCEL AT THE NORTHERLY FACE OF THE EXISTING DUPLEX STRUCTURE.
TOGETHER WITH AN EASEMENT FOR THE OPERATION AND MAINTENANCE OF AN EXISTING WATERLINE RUNNING UNDERGROUND FROM THE EXISTING SERVICE NEAR THE NORTHEASTERLY CORNER OF SAID LOT 13, SOUTHWESTERLY TO THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL. SUBJECT TO AND TOGETHER WITH EASEMENTS AS DESCRIBED BY SAID PLAT OF PHASE II, THE DUNES AT SANIBEL ISLAND.
BEARINGS HEREINABOVE MENTIONED ARE PLANE COORDINATE FOR THE FLORIDA WEST ZONE AS SHOWN ON SAID PLAT OF PHASE II, THE DUNES AT SANIBEL ISLAND.
Also known as: 1407 SANDPIPER CIRCLE, SANIBEL, FL 33957.
This action has been filed against you, and you are required to serve a copy of your written defenses, if any, to it on on Plaintiff's attorney, DUMAS & MCPHAIL, L.L.C., whose address is DUMAS & MCPHAIL, L.L.C., 126 Government Street (33602) Post Office Box 870, Mobile, AL 36601, on or before 30 days from first publication, and file the original with the Clerk of the Circuit Court either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in the Complaint.
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 James Sullivan, Operations Division Manager whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS my hand and seal of this Court on this 20th day of AUGUST, 2013.
LINDA DOGGETT, Clerk
LEE County, Florida
(SEAL) By: C. Pastre
Deputy Clerk
Kent D. McPhail, Esq.
Dumas & McPhail, L.L.C.
126 Government Street
Mobile, AL 36602
[email protected]
FL-12-0192
Aug. 30; Sept. 6, 2013 13-04475L

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