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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY,
FLORIDA
CIVIL ACTION
Case No. 13-002977-CI
WHITEBOX PHARMACEUTICAL
GROWTH FUND, LTD.,
Plaintiff, v.
BRYAN DAIRY REAL ESTATE
HOLDINGS, INC., HARTEN
CORPORATION, JOVAN
ALIMPIC d/b/a DENTECH,
NATUREX, INC., and BELL CHEM CORP.,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered November 19, 2013, in Case Number 13-002977-CI, in the Circuit Court of Pinellas County, Florida, the Clerk of Court shall offer for sale the property situate in Pinellas County, Florida, described as:
Legal Description of Property
MAIN PARCEL:
Lot 2, GATES' INDUSTRIAL PARK, according to the plat thereof as recorded in Plat Book 77, Pages 100 and 101, Public Records of Pinellas County, Florida.
LESS AND EXCEPT deeded to Pinellas County by Official Records Book 5608, Page 36, Pinellas County, Florida, described as follows:
A portion of Section 18, Township 30 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows:
Commencing at the center of said Section 18; thence along the East/West 1/2 section line of said Section 18, and the centerline of County Road No. 135, said road being also known as Bryan Dairy Road, South 88°16'33” East, 316.25 feet; thence South 01°43'27” West, 40.0 feet to a point on the Southerly right-of-way line of said road, as recorded in Official Records Book 227, Page 194, Public Records of Pinellas County, Florida, said point being also the Point of Beginning; thence along said Southerly right-of-way line, South 88°16'33” East, 267.23 feet; to a point on the Westerly right-of-way line of Endeavour Way, according to the plat of Gates' Industrial Park, as recorded in Plat Book 77, Pages 100 and 101, Public Records of Pinellas County, Florida; thence along said Westerly right-of-way line South 00°06'45” West, 10.00 feet; thence along a line parallel with and 50 feet south of said 1/2 section line North 88°16'33” West, 267.23 feet to a point on the Westerly boundary line of said Gates' Industrial Park; thence North 00°07'27” East along said Westerly boundary line 10.00 feet to the Point of Beginning.
AND LESS
LESS that portion described in “Order of Taking, Part A” recorded in Official Records Book 10233, Pages 398-402, Public Records of Pinellas County, Florida, described as follows:
A portion of Lot 2, GATES' INDUSTRIAL PARK Subdivision, according to the plat thereof, as recorded in Plat Book 77, Pages 100 and 101, Public Records of Pinellas County, Florida, in the Southeast 1/4 of Section 18, Township 30 South, Range 16 East, Pinellas County, Florida, being described as follows:
Commence at the Northwest corner of said Lot 2, run South 00°02'39” West along the West line thereof, a distance of 10.00 feet to a point on the South line of Bryan Dairy Road for a Point of Beginning; (1) thence South 88°21'27” East along said South line, a distance of 267.22 feet to the East line of said Lot 2; (2) thence South 00°01'51” West along said East line, a distance of 20.78 feet; (3) thence North 44°58'09” West, for a distance of 13.30 feet; (4) thence North 89°12'58” West, a distance of 257.74 feet to a point on the West line of said Lot 2; (5) thence North 00°02'39” East along said West line, a distance of 15.50 feet to the Point of Beginning.
AND
Endeavour Way Median Parcel
A twelve-foot wide median strip within the right-of-way of Endeavour Way being six feet continuous on each side of the following described line: From the intersection of the centerline of Endeavour Way and the East/West centerline of Section 18, Township 30 South, Range 16 East, Pinellas County, Florida, as a Point of Reference; thence South 00°02'38” West, along the centerline of said Endeavour Way 58.00 feet to the radius point of a six-foot radius curve; the Point of Beginning; thence continue South 00°02'38” West, along said centerline 54.00 feet to the radius point of a second six-foot radius curve, the Point of Termination, lying within Section 18, Township 30 South, Range 16 East.
LESS that portion described in “Order of Taking, Part B” recorded in Official Records Book 10233, Pages 398-402, Public Records of Pinellas County, Florida, described as follows:
That portion of that certain tract, as described in Official Records Book 8560, Page 283, Public Records of Pinellas County, Florida, lying within 70 feet South of the East-West Centerline of Section 18, Township 30 South, Range 16 East, being described as follows:
Commence at the Northwest corner of Lot 2, GATES' INDUSTRIAL PARK Subdivision, according to plat thereof, as recorded in Plat Book 77, Pages 100 and 101, Public Records of Pinellas County, Florida, run South 88°21'27” East along the North line of said Lot 2, a distance of 301.23 feet; thence South 00°01'51” West, a distance of 18.01 feet to the Northwest corner of said tract, as described in Official Records Book 8560, Page 283, for a Point of Beginning; (1) thence South 88°21'27” East, a distance of 12.01 feet to the Northeast corner of said tract; (2) thence South 00°01'51” West along the East line of said tract, a distance of 12.01 feet; (3) thence North 88°21'27” West, a distance of 12.01 feet to a point on the West line of said tract; (4) thence North 00°01'51” East along said West line, a distance of 12.01 feet to the Point of Beginning.
Together with the following as to both parcels of property:
Together with all of the buildings, structures and other improvements constructed or placed upon the property described herein.
Together with all hereditaments, easements, appurtenances, riparian rights, rents, issues, profits, condemnation awards, mineral rights and water rights belonging or in any way pertaining to the property or to any building located thereon and all the estates, rights and interests in the property.
Together with all personal property and fixtures included in the property more specifically described as follows:
(i) all lighting, heating, ventilating, air-conditioning, sprinkling and plumbing fixtures, water and power systems, engines and machinery, boilers, furnaces, oil burners, elevators and motors, communication systems, dynamos, transformers, electrical equipment and all other fixtures of every description located in or on, or used, or intended to be used in connection with the property or any building located thereon (excluding, however, fixtures owned by tenants occupying space in any building located on the property); and
(ii) all building materials, furniture, furnishings, maintenance equipment and all other personal property located in, or on, or used, or intended to be used in connection with the property or any building located thereon and all replacements and additions thereto (excluding personal property owned by tenants occupying space in any building located on the property); and
(iii) all additions, accessions, increases, parts, fittings, accessories, replacements, substitutions, betterments, repairs and proceeds to any and all of the foregoing.
Property Address: 0 Bryan Dairy Road, Pinellas Park, FL 33777
at Public Sale, to the highest and best bidder for cash, online via the internet at www.pinellas.realforeclose.com pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes., at 10:00 a.m. on the 2nd day of January, 2014.
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.
NOTICE: 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 HUMAN RIGHTS OFFICE, 400 S. FT. HARRISON AVE., STE. 300, CLEARWATER, FL 33756, (727) 464-4880 (V) 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 IMPAIRED CALL 711.
Dated: November 20, 2013.
By Ronald L. Collier
Florida Bar #244260
SHUMAKER, LOOP &
KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 Facsimile
Primary E-mail:
[email protected]
Secondary E-mail:
[email protected]
SLK_SAR: #238839v1
Nov. 29; Dec. 6, 2013 13-12304N