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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR
ORANGE COUNTY,
FLORIDA
Case No.: 2009-CA-030296-O
DIVISION: 43
TD BANK, N.A., as successor in interest by merger to MERCANTILE BANK, a division
of Carolina First Bank, a banking corporation
Plaintiff, vs.
MDC3, LLC, a Florida limited liability company; KENNETH L. WOOD, individually; MEDALLION CONVENIENCE STORES, INC., a Florida corporation; TRES HP, LLC,. a dissolved Florida limited liability company; CHEVRON U.S.A.,
INC., a Pennsylvania corporation; and AIRPORT
COMMERCE CENTER PROPERTY OWNERS' ASSOCIATION, a Florida non-profit corporation,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to a Partial Final Summary Judgment dated June 14, 2012, entered in Civil Case Number: 2011-CA-008822-O of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, that the Clerk of Orange County will sell the real property situated in Orange County, Florida, as described on the attached Exhibit “A,” to the highest bidder, for cash, to be held online at http://www.myorangeclerk.realforeclose.com on APRIL 2, 2013, at 11:00 a.m. together with all structures, improvements, fixtures, appliances, and appurtenances on said land or used in conjunction therewith.
EXHIBIT “A”
ORANGE AVENUE PARCEL:
Begin at the Northwest corner of Lot 1, Airport Commerce Center Replat, as recorded in Plat Book 20, at Pages 91 and 92, of the Public Records of Orange County, Florida; thence run along the northwesterly lot lines of said Lot 1; thence following courses and distances; thence N.89°24'54”E., a distance of 174.50 feet; thence N.00°35'06”W., a distance of 166.89 feet; thence N. 89°28'33”E., a distance of 75.44 feet; thence departing said northwesterly lines run S.00°35'06”E., a distance of 221.81 feet; thence S.89°24'54”W., a distance of 252.54 feet to a point on the westerly right-of-way line of South Orange Avenue, as recorded in Plat Book 20 at Pages 91 and 92, of the Public Records of Orange County, Florida, said point also being on a curve, concave westerly, having a central angle of 00°30'47” and a radius of 2470.81 feet; thence from a tangent bearing of N.02°43'28”E., run northerly along the arc of said curve and the westerly right-of-way line, a distance of 22.12 feet to the point of compound curvature of a curve, concave westerly, having a central angle of 00°38'37” and a radius of 2932.54 feet; thence run northerly along the arc of said curve, a distance of 32.94 feet to the point of beginning.
Together with:
That part of Block “A” Bon Air, First and Second Section, according to plat recorded in Plat Book P, Page 46, Public Records of Orange County, Florida, described as follows:
From the Northeast corner of Section 36, Township 23 South, Range 29 East, run South 89°55'09” West along the North boundary of said Section 36 a distance of 1342.72 feet; thence South 00°04'51” East 40 feet for the point of beginning; said point of beginning being the intersection of the southerly right-of-way line of McCoy Road, (S.R. 482) formerly S.R. 528 and the easterly right-of-way line of South Orange Avenue (S.R. 527) and also being 7 feet southerly of the Northwest corner of the aforesaid Block “A”; thence run North 89°55'09” East along said southerly right-of-way line of McCoy Road a distance of 175 feet; thence South 00°04'51” East, 175 feet; thence South 89°55'09” West, 191.78 feet to a point on the aforesaid easterly right-of- way line of South Orange Avenue; thence North 07°41'00” East, 58.11 feet to the beginning of a curve concave westerly having a radius of 988.37 feet; thence northeasterly along the arc of said curve a distance of 117.84 feet to the point of beginning; (Less: From the aforesaid point of beginning run North 89°55'09” East along the southerly right-of-way line of McCoy Road a distance of 20 feet; thence southwesterly to a point on the easterly right-of-way line of South Orange Avenue, said point being 20 feet southerly of the point of beginning; thence northerly 20 feet to the point of beginning). Being the same property conveyed to Petroleum Facilities, Inc., from Carl R. Julian and Louise Julian, his wife, by deed dated June 4, 1963, recorded in Official Records Book 1203, Page 64, Public Records of Orange County, Florida.
Less and except the following described tracts or parcels of land:
Tract I:
Commence on the North line of Section 36, Township 23 South, Range 29 East at a point 1167.68 feet North 89°51'05” West of the Northeast corner thereof thence South 00°08'55” West a distance of 40 feet to the southerly existing right-of-way line of State Road 482 feet for a point of beginning; thence run North 89°51'05” West along said existing right-of-way line a distance of 154.05 feet; thence South 46°01'50” West along said right-of-way line a distance of 28.72 feet to a point on the existing easterly right of way line of Orange Avenue; said point being on a curve concave to the westerly and having a radius of 928.25 feet, and a chord bearing of South 5°12'51” West; thence run southerly along the said easterly right of way of Orange Avenue and the arc of said curve through a central angle of 5°22'16” a distance of 87.02 feet to the end of said curve; thence South 7°53'59” West along said right of way line a distance of 185.04 feet to the northerly existing right of way line of Second Street West; thence South 89°51'05” East along said northerly right of way line a distance of 15.51 feet; thence North 8°50'07” East a distance of 81.01 feet to the beginning of a curve concave to the westerly and having a radius of 2928.54 feet, and a chord bearing of North 1°25'23” East; thence run northerly along the arc of said curve through a central angle of 2°56'02” a distance of 149.96 feet to a point on the existing easterly right of way line of Orange Avenue and the end of said curve; thence North 44°48'29” East a distance of 70.29 feet; thence South 89°51'05” East a distance of 126.82 feet; thence North 00°04'57” East a distance of 10 feet to the point of beginning.
Being the same property taken by the State of Florida pursuant to Order of Final Judgment, dated August 22, 1985, by the Ninth Judicial Circuit Court in Civil Action No. CI 85-8865.
Tract II:
From the Northeast corner of Section 36, Township 23 South, Range 29 East, Orange County, Florida, run South 89°29'10” West 1167.96 feet along the North boundary of said Section 36; thence run South 00°36'23” East 41.88 feet to a 4” x 4” concrete monument with disk stamped RLS No. 1585 and RLS No. 1819, said 4” x 4” concrete monument being the Northeast corner of that certain parcel of land as described and recorded in Official Records Book 1208, Page 64, Public Records of Orange County, Florida; thence continue South 00°36'23” East 8.12 feet along the East boundary of said parcel of land to a point on the South boundary of that certain parcel of land being described and recorded in Official Records Book 3679, Page 2076, Public Records of Orange County, Florida; thence westerly and southerly along the southerly and easterly boundary of said parcel of land with the following courses and distances: South 89°29'10” West 126.78 feet; thence run South 44°08'38” West 64.62 feet for the point of beginning; thence continue South 44°08'38” West 5.67 feet to a point of a non-tangent curve concave westerly and have a radius of 2928.54 feet; thence from a tangent bearing of South 00°42'36” East, run southerly 117.20 feet along the arc of said curve through a central angle of 02° 17'34” to a point on the South boundary of the aforesaid parcel of land being described and recorded in Official Records Book 1208, Page 64; thence leaving said southerly and easterly boundary, run North 89°23'37” East 4.00 feet along said South boundary to a point on a non-tangent curve concave westerly and having a radius of 2932.54 feet; thence from a tangent bearing of North 01°34'48” East, run northerly 121.22 feet along the arc of said curve through a central angle of 02°22'06” to the point of beginning. Being the same property taken by Orange County, Florida, pursuant to the Order of Stipulated Final Judgment, dated March 21, 1988, by the Ninth Judicial Circuit Court in Civil Action No. CI 87-7349.
ALSO KNOWN AS:
That portion of Lot 1, Airport Commerce Center Replat as recorded in Plat Book 20, Pages 91and 92 of the Public Records of Orange County, Florida, together with that portion of Block “A”, Bon Air, First and Second Section, as recorded in Plat Book P, Page 46 of the Public Records of Orange County, Florida.
Being more particularly described as follows:
Begin at the most northerly Northwest corner of said Lot 1; thence North 89°28'33” East along the North line of said Lot 1 and South right of way line of McCoy Road (S.R. No. 528-A) for a distance of 75.44 feet; thence South 00°35'06” East for a distance of 221.81 feet; thence South 89°24'54” West for a distance of 252.54 feet to a point on the East right of way line of South Orange Avenue, West line of said Lot 1 and a point on the arc of a circular curve concave westerly to which a radial line bears North 87°01'09” West to center of said curve, having for its elements a radius of 2470.81 feet and a central angle of 00°30'47”; thence run northerly along the arc of said curve for a distance of 22.12 feet to a point on a non-tangent curve concave westerly to which a radial line bears North 87°44' 59” West to center of said curve, having for its elements a radius of 2932.54 feet and a central angle of 03°00'45”; thence run northerly along the arc of said curve for a distance of 154.19 feet; thence North 44°10'23” East for a distance of 64.52 feet to a point on said South right of way line of McCoy Road (S.R. No. 528-A); thence North 89°28'33” East along said south right of way line for a distance of 126.82 feet to the point of beginning.
DATED February 18, 2013. JOHN A. ANTHONY, ESQUIRE
Florida Bar No. 073013
ANTHONY & PARTNERS, LLC
201 N. Franklin Street,
Suite 2800
Tampa, Florida 33602
Phone: (813) 273-5616
Fax: (813) 221-4113
Attorneys for CCP Orange LLC
Feb. 28; Mar. 7, 2013 13-01170W