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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2010-CA-3503
WHITNEY NATIONAL BANK,
Plaintiff, v. POINT PLEASANT RESIDENCES, LLC, a Florida limited liability company, DOROTHIA E. MCCARTHY, an individual, DOROTHIA E. MCCARTHY, as Personal Representative of the Estate of OWEN M. MCCARTHY, and THEODOSIS NICHOLOUDIS, an individual, GEORGIA NICHOLOUDIS,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to an Amended Uniform Final Judgment of Mortgage Foreclosure dated the 3rd day of May, 2013 and entered in Civil Action Number: 2010-CA-3503 in the Circuit Court of the Twelfth Judicial Circuit, in and for Manatee County, Florida, wherein BIEL LOANCO III-A, LLC, as successor to WHITNEY NATIONAL BANK is the Plaintiff, and POINT PLEASANT RESIDENCES, LLC, a Florida limited liability company, DOROTHIA E. MCCARTHY, an individual, DOROTHIA E. MCCARTHY, as Personal Representative of the Estate of OWEN M. MCCARTHY, and THEODOSIS NICHOLOUDIS, an individual, GEORGIA NICHOLOUDIS, an individual, if alive or if dead, their unknown spouses, heirs, devisees, grantees, creditors and all parties claiming interest by, through, under or against a defendant named in this action, and all persons having or claiming to have any right, title or interest in the property herein described, and all known or unknown sub-contractors, sub-sub-contractors, and materialmen who may claim a right to file a claim of lien, are the Defendants, I, R.B. “CHIPS” SHORE, Clerk of the above-entitled Court, will sell to the highest and best bidder, or bidders, for cash, on the 26th day of June, 2013, at 11:00 a.m., except as set forth herein, at www.manatee.realforeclose.com, the real and personal property described as follows as set forth in said Uniform Final Judgment of Mortgage Foreclosure situate in Manatee County, Florida:
Mortgage:
PARCEL A:
COMMENCE AT THE NORTHEASTERLY CORNER OF LOT 2, POINT PLEASANT SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 55, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, SAME BEING THE MOST EASTERLY CORNER OF SAID LOT, AND BEING THE POINT AT WHICH THE DIVIDING LINE BETWEEN LOTS 2 AND 3, AS SHOWN ON THE PLAT OF SAID SUBDIVISION, INTERSECTS THE WESTERLY LINE OF BAY VIEW DRIVE (NOW N. 18TH STREET W.); RUN THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID BAY VIEW DRIVE A DISTANCE OF 25 FEET TO A POINT; THENCE CONTINUE IN A SOUTHWESTERLY DIRECTION ALONG THE WESTERLY LINE OF SAID BAY VIEW DRIVE A DISTANCE OF 50 FEET MEASURED ON THE ARC, THE POINT THUS REACHED BEING THE POINT OF BEGINNING; RUN THENCE IN A NORTHWESTERLY DIRECTION A DISTANCE OF 187.3 FEET, MORE OR LESS, TO A POINT ON THE WATER FACE OF THE SEAWALL, WHICH POINT IS 105 FEET SOUTHWESTERLY FROM THE POINT WHERE THE NORTHERLY LINE OF SAID LOT 2 INTERSECTS THE WATER FACE OF THE SEAWALL; RUN THENCE SOUTHWESTERLY ALONG THE WATER FACE OF THE SEAWALL TO THE SOUTHWEST CORNER OF LOT 1 OF SAID SUBDIVISION, SAID CORNER BEING THE MOST WESTERLY CORNER OF SAID LOT 1; RUN THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1 TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; RUN THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF BAY VIEW DRIVE A DISTANCE OF 81.05 FEET, MORE OR LESS, MEASURED ON THE ARC, TO THE POINT OF BEGINNING, THE LANDS THUS DESCRIBED BEING IN LOT 1 OF SAID POINT PLEASANT SUBDIVISION.
PARCEL B:
LOTS 9, 10, 11, 12 AND 13 OF E.A. VINSON'S ADDITION TO BRADENTOWN, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 136, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, THE SAID LAND BEING PARTLY IN THE NE 1/4 OF THE SE 1/4 AND PARTLY IN LOT 4 U.S., OF SECTION 27, TOWNSHIP 34 SOUTH, RANGE 17 EAST, AND THE LAND DESIGNATED AS DAVID H. BARRICK IN THE AMENDED PLAT OF VINSON'S ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 175, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, TOGETHER WITH ANY AND ALL RIPARIAN RIGHTS OF GRANTOR HEREIN IN AND TO THE JUST DESCRIBED PROPERTY.
VACATED PORTION OF 1ST AVENUE WEST AS DESCRIBED AND RECORDED IN OFFICIAL RECORDS BOOK 967, PAGE 393, 394, AND 395, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, TO-WIT:
THAT PORTION OF 1ST AVENUE WEST DESCRIBED AS FOLLOWS:
BEGIN AT A CONCRETE MONUMENT, MARKING THE SOUTHEASTERLY CORNER OF LOT 1, POINT PLEASANT SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 55, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 75° 25' 34” W, ALONG THE SOUTH LINE OF SAID LOT 1, ALSO BEING THE NORTHERLY R/W OF 1ST AVENUE WEST, 22.39 FEET FOR A P.O.B.; THENCE CONTINUE N 75° 25' 34” W, 50.49 FEET TO THE NORTHWESTERLY CORNER OF SAID 1ST AVENUE WEST; THENCE S 37° 00' 00” W, ALONG THE WESTERLY END OF SAID 1ST AVENUE WEST, 41.63 FEET TO AN IRON PIPE, MARKING THE NORTHWESTERLY CORNER OF LOT NO. 3 OF THE AMENDED PLAT OF VINSON'S ADDITION TO THE TOWN OF BRADENTON, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 175, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, THENCE
S 75° 00' 00” E, ALONG THE NORTH LINE OF SAID LOT NO. 3, ALSO BEING THE SOUTHERLY R/W OF 1ST AVENUE WEST, 58.00 FEET TO A CONCRETE MONUMENT, MARKING THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND, AS DESCRIBED AND RECORDED IN O.R. BOOK 170, PAGE 534, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 26° 42' 18” E, ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID PARCEL IN O.R. BOOK 170, PAGE 534, 39.80 FEET TO THE POINT OF BEGINNING, BEING AND LYING IN SECTION 27, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.
PARCEL C:
BEGIN AT THE NW CORNER CF LOT NO. 3 OF THE AMENDED PLAT OF VINSON'S ADDITION TO THE TOWN OF BRADENTON, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 175, OF THE PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, AND RUN SOUTH 37° WEST, 197.3 FEET TO WARE'S CREEK; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CREEK TO A POINT 100 FEET IN A STRAIGHT LINE FROM THE LAST MENTIONED POINT; THENCE N 22° 11; E, 234 FEET TO NORTH LINE OF SAID LOT 3 WEST 15° NORTH, 42 FEET TO THE PLACE OF BEGINNING.
TOGETHER WITH ALL
RIPARIAN RIGHTS AND PRIVILEGES IN FRONT OF SAID PROPERTY EXTENDING INTO SAID WARE'S CREEK THE WIDTH OF THE FRONTAGE OF SAID LOT.
ALSO A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF THE LAND ABOVE CONVEYED, RUN THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LAND TO MARCY STREET; THENCE RUN EASTERLY ALONG MARCY STREET, 16 FEET, RUN THENCE SOUTHERLY TO THE SAID SOUTHEAST CORNER.
MORE FULLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEASTERLY CORNER OF LOT 1, POINT PLEASANT SUBDIVISION, AS DESCRIBED AND RECORDED IN PLAT BOOK 2, PAGE 55, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA, FOR A POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF 1ST AVENUE WEST (MARCY STREET) AND THE WESTERLY RIGHT-OF-WAY OF N. 18TH STREET WEST (BAY VIEW DR.); THENCE N. 14° 35' 08 E, ALONG THE WESTERLY RIGHT-OF-WAY OF SAID N. 18TH STREET WEST, A DISTANCE OF 47.12 FEET TO THE P.C. OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 215.00 FEET; THENCE NORTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 08' 56”, A DISTANCE OF 34.33 FEET TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED AND RECORDED IN DEED BOOK 277, PAGE 405, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA; THENCE N 56° 49' 44' W, ALONG THE SOUTHERLY LINE OF SAID CERTAIN PARCEL, A DISTANCE OF 192.21 FEET TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE MANATEE RIVER; THENCE SOUTHERLY ALONG SAID MEAN HIGH WATER LINE, THE FOLLOWING TWENTY ONE (21) COURSES: S 41° 32' 52' W., A DISTANCE OF 56.19 FEET; S 37° 51' 39” W., A DISTANCE OF 75.04 FEET; S 40° 54' 48” W, A DISTANCE OF 22.41 FEET; N 86° 53' 05” W, A DISTANCE OF 13.43 FEET; S 56° 00' 53” W, A DISTANCE OF 9.58 FEET; S 48° 05' 28” W, A DISTANCE OF 6.92 FEET; S 39° 06' 31” W, A DISTANCE OF 146.38 FEET; S 37° 09' 15” W, A DISTANCE OF 36.47 FEET; S 27° 21' 24” W, A DISTANCE OF 51.02 FEET; S 15° 49' 29” W, A DISTANCE OF 26.31 FEET; S 02° 49' 53” W, A DISTANCE OF 7.09 FEET; S 11° 49' 39” E, A DISTANCE OF 7.01 FEET; S 35° 52' 30” E, A DISTANCE OF 8.88 FEET; S 61° 19' 37” E, A DISTANCE OF 60.91 FEET; S 60° 33' 19” E, A DISTANCE OF 29.64 FEET; S 78° 55' 48” E, A DISTANCE OF 4.75 FEET; N 62° 09' 16 E, A DISTANCE OF 3.51 FEET; N 45° 25' 09” E, A DISTANCE OF 6.39 FEET; N 74° 10' 40” E, A DISTANCE OF 35.85 FEET; N 76° 19' 14” E, A DISTANCE OF 43.32 FEET; S 50° 55' 12” E, A DISTANCE OF 100.00 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 1 OF THOSE CERTAIN PARCELS OF LAND, AS DESCRIBED AND RECORDED IN O.R. BOOK 1422, PAGE 1422, OF SAID PUBLIC RECORDS; THENCE LEAVING SAID MEAN HIGH WATER LINE, N 26° 39' 20” E, ALONG THE EASTERLY LINE OF SAID PARCEL 1, AND NORTHERLY EXTENSION THEREOF, A DISTANCE OF 297.59 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF SAID 1ST AVENUE WEST; THENCE S 75° 28' 32” E, ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID 1ST AVENUE WEST, A DISTANCE OF 22.39 FEET TO THE POINT OF BEGINNING.
BEING AND LYING IN SECTION 27, TOWNSHIP 34 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA. CONTAINING 2.271 ACRES.
SUBJECT TO A 15 FOOT WIDE DRAINAGE EASEMENT, AS DESCRIBED IN O.R. BOOK 967, PAGE 393 THRU 395, PUBLIC RECORDS OF MANATEE COUNTY, FLORIDA.
ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPRETY 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 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 the Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
Dated this 22 day of May, 2013.
Mary Fabre LeVine, Esquire
FBN: 295345
Email: [email protected]
Blalock Walters, P.A.
802 11th Street West
Bradenton, Florida 34205
Telephone: 941.748.0100
Facsimile: 941.745.2093
Attorneys for Plaintiff.
May 31; June 7, 2013 13-01743M