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FIRST INSERTION
NOTICE OF ACTION
CONSTRUCTIVE SERVICE
NOTICE OF PUBLICATION
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 13-002169-CA
RADC/CADC VENTURE 2010-2, LLC, a Delaware Limited Liability Company, as assignee of the FEDERAL DEPOSIT INSURANCE CORP., acting as Receiver
for FLORIDA COMMUNITY BANK,
Plaintiff, vs.
BISCAYNE 107, LLC, an inactive Florida Limited Liability Corporation; J&J HOMES, INC., an inactive
Florida Corporation; VENICE AVENUE, LLC, an inactive Florida Limited Liability Corporation;
JACARANDA90 LLC, an inactive Florida Limited Liability Corporation; JACQUES CLOUTIER
ESTATE and any SUCCESSORS or ASSIGNS; JACQUES CLOUTIER, an individual (Guarantor);
EDWARDS FAMILY PARTNERSHIP, LP, a Delaware Limited Partnership; 5TH 3RD BANK, a Foreign Profit Corporation; LANDMARK BANK OF FLORIDA, an inactive Floridaa Corporation; LOOE KEY REEF RESORT PROPERTIES, LLC, an inactive Florida Limited Liability
Corporation (Guarantor); LOOE KEY REEF RESORT &
DIVE CENTER, LLC, an inactive Florida Limited Liability
Corporation (Guarantor); LOOE KEY TIKI RESTAURANT,
LLC, an inactive Florida Limited Liability Corporation (Guarantor); VICA LLC, an inactive Florida Limited Liability Corporation; RIVER 148, LLC, an inactive Florida Limited Liability Corporation; CARIBBEAN BAY CLUB, LLC (FORMERLY KNOWN AS LAKE AWESOME LLC), an inactive Florida Limited Liability Corporation; UNKNOWN PERSON(S) in possession, and all others who may claim any interest in this property,
Defendants.
TO: JACQUES CLOUTIER AND ANY SUCCESSORS OR ASSIGNS; JACQUES CLOUTIER, AN INDIVIDUAL whose residence is unknown, if he, she, they be living and if he, she, they be dead, the unknown defendants who may be spouses, heirs, divisees, grantees, assignees, lienors, creditors, trustees and all parties claiming an interest by through under or against the Defendants who are not known to be dead or alive and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed:
YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property:
Parcel “A”
A parcel or tract of land being a portion of vacated plat of PORT CHARLOTTE SUBDIVISION SECTION 100, as recorded in Plat Book 13, pages 7A through 7H, per Resolution of Vacation recorded in Official Records Book 1454, page 1254, all being recorded in the public records of Charlotte County, Florida, lying and being in a portion of land lying in Section 10, 11, and 14, Township 40 South, Range 21 East, Charlotte County, Florida, being more particularly described as follows:
Commence at the common Section corner of said Sections 10, 11, 14 and 15; thence South 89° 42'02” East, a distance of 25.00 feet to the Easterly right-of-way line of Tulip Street (50 foot right-of-way) and the Point of Beginning of this description; thence North 00° 26'07” East, along said Westerly right-of-way line, a distance of 25.0 feet to the Northerly right-of-way line of Jenks Drive (50 foot right-of-way) (f.k.a. Lorriane Avenue); thence North 89° 42'02” West, along said Northerly right-of-way line of Jenks Drive, a distance of 13.99.19 feet; thence North 33° 33'26” West, a distance of 150.52 feet; thence North 89° 42'02” West, a distance of 19.67 feet to the East right-of-way line of Crestwood Waterway; thence North 28° 13'01” East, along said East right-of-way line, a distance of 13.19.62 feet; thence South 89° 57' 19” East, a distance of 453.77 feet; thence North 28° 13'01” East, a distance of 34.03 feet to the Northerly Plat Limit of PORT CHARLOTTE SUBDIVISION SECTION 100, as recorded in Plat Book 13, pages 7A through 7H, of the public records of Charlotte County, Florida; thence South 89° 58'05” East, along said Northerly line, a distance of 381.05 feet to a concrete monument marking the Northwest corner of the Southwest 1/4 of the Southwest 1/4 of said Section 11; thence South 89° 37'04” East along the Northerly Plat Limits of said PORT CHARLOTTE SUBDIVISION SECTION 100, a distance of 1316.77 feet to the Westerly right-of-way line of Orchard Street (50 foot right
-of-way) (f.k.a. Orlando Street); thence South 00° 14' 04” East, along said Westerly right-of-way line, a distance of 1322.94 feet to a point of curvature of a circular curve to the right, having a radius of 25.00 feet, a central angle of 90° 31' 39”; thence along the arc of said curve in a Southwesterly direction, an arc distance of 39.50 feet to a point of tangency; thence North 89°42' 02” West, along the South line of said Section 11, a distance of 145.58 feet to the point curvature of a circular curve to the right having as elements a radius of 575.0 feet and a central angle of 11° 43' 03”; thence along arc of said curve a distance of 117.59 feet to the point of reserve curve to the left having as elements a radius of 625.00 feet and a central angle of 11° 43'03”; thence along arc of said curve, a distance of 127.82 feet to the point of tangency; thench North 89° 42'02” West, a distance of 25.0 feet; thence South 0° 17'58” West, a distance of 50.0 feet; thence South 89° 42” 02” East, a distance of 25.0 feet to the point of curvature of a circular curve to the right having as elements a radius of 575.0 feet and a central angel of 11° 43'03”; thence along the arc of said curve, a distance of 117.59 feet to the point of a reverse curve to the left having as elements a radius of 625.0 feet and a central angle of 11° 43'03” ; thence along the arc of said curve, a distance of 127.82 feet to the point of tangency; thence South 89° 42'02” East, a distance of 454.50 feet to the West right-of-way line of East ForK Waterway (150 foot right-of-way); thence south 37° 00' 00” West, along said West right-of-way, a distance of 56.12 feet to the point of curvature of a circular curve to the right having as elements a radius of 5925.0 feet and a central angel of 09° 00'00”; thence along the arc of said curve and said West right-of-way, a distance of 930.70 feet to the point of tangency; thence South 46° 00”00” West, along said West right-of-way line, a distance of 424.49 feet to the point of curvature of a circular curve to the left, having as elements a radius of 750.0 feet and a central angle of 20° 28”06”; thence along the arc of said curve and said West right-of-way, a distance of 267.83 feet; thence North 64° 28' 06” West, a distance of 125.18 feet; thence South 78° 34'16” West, a distance of 372.24 feet, to the East right-of-way line of Tulip Street; thence North 0° 26'07” East, along said East right-of-way line, a distance of 1330.55 Feet to the POINT OF BEGINNING.
PARCEL “B”:
Easement for the benefit of Parcel A as created by Grant of Ingress Egress Easement dated January 22, 2002 and recorded January 24, 2002 in Official Records Book 1993, page 238, of the Public Records of Charlotte County, Florida, for pedestrain and vehicular ingress and egress access on, over, across and through the land described as follows:
A 100 foot wide Relocatable Ingress and Egress Easement lying over, under and across a portion of Section 14, Township 40 South, Range 21 East, Charlotte County, Florida, lying 50 feet each side of the following described centerline:
Commencing at the intersection of the West line of Section 14, Township 40 South, Range 21 East and North right-of-way line of State Road 776, as shown on Florida Department of Transportation right-of-way map Section 01050-2508; thence North 68° 58'51” East, along said right-of-way line, a distance of 210.00 feet to the POINT OF BEGINNING; thence North 21° 01' 09” West, a distance of 100 feet to the point of curvature of circular curve to the right, having as elements, a radius of 338.83 feet, a central angle of 32° 53'10”; thence along the arc of said curve, a distance off 194.49 feet to the point of tangency; thence North 11° 52'01” East, a distance of 166.48 feet to the POINT OF TERMINUS.
PARCEL “C”:
A parcel of land lying in the West half of Section 16, Township 41 South, Range 20 East, Charlotte County, Florida, being more particularly described as follows:
Begin at the Southeast corner of the Southwest Quarter of said Section 16; thence along the South line of said Southwest Quarter on an assumed bearing of North 89° 30'59” West, a distance of 1321.63 feet; thence North 00° 29'01” East, a distance of 250.00 feet; thence North 65° 14' 07” West, a distance of 1065.29 feet; thence North 00°50'14” East, a distance of 698 feet; thence North 89° 09' 46” West to the West line of the Southwest Quarter of said Section 16, a distance of 345.00 feet; thence North 00° 50'”14” East along said West line to the South line of the Southwest Quarter of the Northwest Quarter of said Section 16, a distance of 1254.88 feet; thence South 89° 45'05” East along said South line of said Southwest Quarter of the Northwest Quarter to the West line of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 16, a distance of 1324.86 feet; thence North 00° 55'16” East along said West line to the South line of the Northeast Quarter of the Northwest Quarter of said Section 16, a distance of 1346.41 feet; thence South 89° 28'18” East along said South line, a distance of 476.75 feet; thence South 37° 04'34” East to the East line of the Southeast Quarter of the Northwest Quarter, a distance of 1378.23 feet; thence South 01° 00'09” West along said East line of the Southeast corder thereof, a distance of 250.00 feet; thence South 01° 00'09” West along the East line of the Southwest Quarter of said Section 16, a distance off 2654.13 feet to the Point of Beginning.
PARCEL “D”:
Together with a non-exclusive easement for ingress and egress only over the following described property; (A portion of Section 16, Township 41 South, Range 20 East, Charlotte county, Florida, lying 40 feet each side of the following described centerline.) Commencing at the southwest corner of said Section 16; thence South 89° 30'59” East along the South line of said Section 16, a distance of 497.11 feet to the Northerly Right-of-Way line of State Road 775; thence North 72° 13”09” West, a distance of 40.0 feet to the Point of Beginning of said centerline; thence North 17° 46' 51” East, a distance 575.51 feet to the Point of Terminus of said centerline, said Point of Terminus lying on a line which bears South 65° 14' 07” East. (Side lines to the shortened or lengthened as necessary.)
has been filed against you and you are required to serve a copy of your written defenses, if any to it on: Robert F. Cooke, Esq., Cooke Law Group, 9245 SW 158 Lane, Miami, FL 33157, Plaintiff's attorney on or before JANUARY 3, 2014 (no later than 30 days from the date of the first publication of this notice of action) and file the original with the Clerk of this court either before service on Plaintiff's attorney or immediately thereafter otherwise default will be entered against you for the relief demanded in the complaint or petition filed heein.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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.
This notice shall be published once a week, two consecutive weeks in the Business Observer.
WITNESS my hand and seal of this Court at Charlotte, County, Florida on this 27th day of November, 2013.
BARBARA T. SCOTT
Clerk of the Circuit Court
Charlotte County, Florida
(Circuit Court Seal) By: C. L. G.
As Deputy Clerk
COOKE LAW GROUP
December 6, 13, 2013 13-01271T