13-10721N

FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 13-9316-CI-8
WELLS FARGO BANK,
NATIONAL ASSOCIATION,
successor-by-merger to Wachovia Bank, National Association, a
national banking association,
Plaintiff, v.
GULF PROPERTIES
ASSOCIATES, LLC, a Michigan
limited liability company f/k/a GULF PROPERTIES
ASSOCIATES, a Michigan general partnership; WAYNE T.
WALLRICH, individually;
BARBARA HUSULIAK,
individually; CITRUS SEVEN PUMP STATION SERVICES; ROOFING BY S.E. SPICER, INC., a Florida corporation; and ALL OTHER PARTIES CLAIMING BY, THROUGH, OR UNDER SUCH DEFENDANTS,
Defendants.
TO: ALL OTHER PARTIES CLAIMING BY, THROUGH, OR UNDER SUCH DEFENDANTS (Addresses Unknown)
YOU ARE HEREBY NOTIFIED that foreclosure actions have been filed against you by Plaintiff, WELLS FARGO BANK, NATIONAL ASSOCIATION, successor-by-merger to Wachovia Bank, National Association, a national banking association (“Plaintiff”), seeking to foreclose a mortgage-lien and security interest in the real and personal property more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
Exhibit “A”
PARCEL NO. 1:
Being a tract of land situated in the Southwest 1/4 of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4, all in Section 19, Township 30 South, Range 15 East, Pinellas County, Florida, and being more particularly described as follows:
Beginning at the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 19, Township 30 South, Range 15 East, run thence North 88°47'03” West, along the East-West centerline of said Section 19, 704.52 feet for a Point of Beginning; thence run North 16°54'17” West, 512.31 feet to a point; thence run along the arc of a curve to the right of radius 155.00 feet arc length 486.95 feet, chord length 310.00 feet, chord bearing North 73°05'43” East to a point; thence run South 16°54'17” East, 176.97 feet to a point; thence run South 89°57'19” East, 335.59 feet to a point on the West line of Yacht Club Estates, Unit 8 Replat, Plat Book 60, Page 64; thence run North 00°02'41” East, 660.00 feet to the Northwest corner of said Yacht Club Estates Unit 8 Replat; thence run South 89°57'19” East, 120.00 feet to the West right-of-way line of Oakhurst Road; thence run along said right-of-way line, North 00°02'41” East, 20.00 feet to a point; thence following the boundary lines of Yacht Club Estates Unit 4, Plat Book 58, Page 66, Yacht Club Estates Unit 7, Plat Book 60, Page 54, Yacht Club Estates Unit 3, Plat Book 57, Page 38, and Yacht Club Estates Unit 3 Partial Replat, Plat Book 60, Page 23, according to the line callings given therein; run North 89°13'52” West, 384.30 feet to a point; thence run along the arc or curve to the left of radius 100.00 feet, chord bearing South 63°16'08” West, chord length 92.35 feet to a point; thence South 35°46'08” West, 14.36 feet to a point; thence North 77°08'19” West, 151.99 feet to a point; thence North 54°13'52” West, 270.00 feet to a point; thence run North 68°45'56” West, 139.46 feet to a point; thence run South 35°46'08” West, 20.00 feet to a point; thence run South 54°13'52” East, 5.00 feet to a point; thence run South 35°46'08” West, 281.77 feet to a point; thence run along the arc of a curve to the left of radius 5589.58 feet, arc length 308.09 feet, chord bearing South 34°11'23” West, chord length 308.06 feet to a point; thence South 32°36'30” West, 703.25 feet to a point; thence run North 57°23'21” West, 110.00 feet to a point on the East right-of-way line of Commodore Drive; thence run on said right-of-way line South 32°36'39” West, 80.00 feet to a point; thence run along the arc of a curve to the left of radius 451.11 feet, arc length 258.20 feet, chord bearing South 16°12'50” West, chord length 254.69 feet to a point; thence run South 00°11'00” East, 158.30 feet to a point on the North line of a 60 foot County right-of-way; thence along said right-of-way line and an extension thereof South 88°47'03” East, 981.13 feet to a point; thence run South 03°38'45” West, 992.78 feet to a point; thence run South 60°10'45” East, 476.08 feet to a point; thence run North 46°58'08” East, 134.78 feet to a point; thence run South 77°15'35” East, 350.12 feet to a point; thence run North 02°49'54” West, 304.16 feet to a point; thence run North 71°20'55” West, 461.23 feet to a point; thence run North 00°06'24” West, 741.17 feet to a point; thence run North 16°54'17” West, 272.69 feet to the Point of Beginning of the parcel, herein described.
(The above description includes Lots 1, 2, 39 and 40, HARBOR VIEW NO. 9, according to plat thereof recorded in Plat Book 6, Page 19, of the public records of Hillsborough County, Florida of which Pinellas County was formerly a part).
LESS AND EXCEPT THE FOLLOWING PARCELS:
PARCEL A: Tract conveyed to Wadsworth Homes Co., in Official Record Book 2011, Page 451, of the public records of Pinellas County, Florida, described as:
That part of the Southeast 1/4 of the Northwest 1/4 of Section 19, Township 30 South, Range 15 East, described as follows: Begin at the Northeasterly corner of Lot 18-R in Block “G” of YACHT CLUB ESTATES, UNIT 3 PARTIAL REPLAT, as recorded in Plat Book 60, Page 23, of the public records of Pinellas County, Florida for a Point of Beginning and from the Point of Beginning thus established, run thence South 57°23'21” East, a distance of 2.0 feet; thence South 32°36'39” West, a distance of 84.0 feet; thence North 57°23'21” West, a distance of 2.0 feet; thence North 32°36'39” East, a distance of 84.0 feet to the established Point of Beginning.
PARCEL B: Tract conveyed to Pinellas County, in Official Record Book 4908, Page 736, of the public records of Pinellas County, Florida described as:
A strip of land lying within the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 19, Township 30 South, Range 15 East and a portion of Lots 39, 40 and 41, HARBOR VIEW NO. 9 SUBDIVISION, according to plat thereof, as recorded in Plat Book 6, Page 19, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part, more particularly described as a strip of land 60.0 feet wide lying 30 feet on each side of the following described bed centerline:
Commencing at the Northeast corner of the Southwest 1/4 of said Section 19, run South 00°10'50” East, along the North/South half section line, a distance of 275.15 feet; thence North 88°47'03” West, 660.00 feet to a point of intersection with the centerline of Commodore Drive for a Point of Beginning; thence North 00°10'50” West, along said centerline, 186.73 feet to a point of curvature; thence 275.35 feet along a tangent curve, through a central angle of 32°47'29”, having a radius of 481.11 feet and a chord of North 16°12'55” East, 271.61 feet to a point of intersection with the Southerly right-of-way line of Marina Way for a Point of Ending, said point being North 57°23'21” West, 30.00 feet from the most Southerly corner of Yacht Club Estates, Unit 5 Subdivision, according to plat thereof, as recorded in Plat Book 59, Page 50, of the public records of Pinellas County, Florida.
PARCEL C: Tract conveyed to Alfred S. Austin and Daper-Tampa, Inc., in Official Record Book 5041, Page 1810, of the public records of Pinellas County, Florida, described as:
From the Southeast corner of the Southwest 1/4 of the Northeast 1/4 of Section 19, Township 30 South, Range 15 East, thence North 88°47'03” West, along the East/West centerline of Section 19, 704.52 feet to a point on the Westerly line of Tamarac by the Gulf, as recorded in Plat Book 63, Page 13, of the public records of Pinellas County, Florida; thence along said line North
16°54'17” West, 512.31 feet; thence South 73°05'43” West, 25.00 feet to the Point of Beginning; thence South 16°54'17” East, 213.48 feet; thence South 46°06'53” West, 204.10 feet; thence South 70°45'40” West, 171.10 feet; thence South 73°48'36” West, 110.00 feet; thence South 76°10'47” West, 220.07 feet; thence North 16°38'29” West, 130.96 feet; thence North 38°42'38” East, 154.35 feet; thence North 45°54'31” East, 103.33 feet; thence North 46°21'31” East, 267.38 feet; thence North 42°05'27” East, 230.12 feet; thence North 46°48'20” East, 120.00 feet; thence South 52°16'19” East, 100.75 feet; thence South 29°59'22” East, 5.00 feet to a point on a curve; thence along the arc of a curve to the left having a radius of 175.00 feet, chord 160.00 feet, chord bearing South 32°48'28” West, arc 166.17 feet; thence along a radial line North 84°23'43” West, 5.00 feet to a point on a curve to the left, radius 180.0 feet, chord 70.26 feet, chord bearing South 05°39'00” East, arc 70.72 feet to the Point of Beginning.
PARCEL D: Tract conveyed to W. G. Schepman and Frances L. Schepman, his wife, in Official Record Book 5302, Page 1351, of the public records of Pinellas County, Florida, described as:
A tract lying within the Southwest 1/4 of the Northeast 1/4 of Section 19, Township 30 South, Range 15 East, Pinellas County, Florida, the same being a portion of that certain drainage easement as described in Official Records Book 3520, Pages 414, 415 and 416, of the public records of Pinellas County, Florida and being described as follows:
Commencing at the Southeast corner of Lot 1, Block K, Yacht Club Estates Unit 4 Subdivision, according to plat thereof, as recorded in Plat Book 58, Page 66, of the public records of Pinellas County, Florida; run North 89°13'52” West along the Southerly boundary of said Block K, the same being the Northerly boundary of the aforementioned drainage easement, for a distance of 373.30 feet to the Southeast corner of Lot 5 of said Block K; thence Southwesterly 45.35 feet along the arc of a curve concave Southeasterly, through a central angle of 25°59'06” having a radius of 100 feet, a chord of South 77°46'35” West, 44.96 feet to the Southwest corner of said Lot 5 and the Point of Beginning; thence South 25°12'58” East along the Southeasterly extension of the Southwesterly boundary of said Lot 5, the same being a radial line, for a distance of 30.00 feet; thence South 74°31'35” West, for a distance of 61.96 feet to the most Southerly corner of Lot 6, Yacht Club Estates Subdivision Unit 7, according to plat thereof, as recorded in Plat Book 60, Page 54, of the public records of Pinellas County; thence along the Southeasterly boundary of said Lot 6, the same being the Northerly boundary of the aforementioned drainage easement, the following two (2) courses: North 35°46'08” East, for a distance of 14.36 feet to a point of curvature; thence Northeasterly 50.64 feet along the arc of a curve concave Southeasterly, through a central angle of 29°00'54”, having a radius of 100 feet, a chord of North 50°16'35” East, 50.10 feet to the Point of Beginning.
PARCEL NO. 2:
Lot 19-R in Block G of YACHT CLUB ESTATES, UNIT 3 PARTIAL REPLAT, according to the map or plat thereof as recorded in Plat Book 60, Page 23, of the public records of Pinellas County, Florida.
LESS AND EXCEPT THE Following DESCRIBED PART THEREOF:
Begin at the most Northerly point in the boundary line between Lots 18-R and 19-R in said Block G for a Point of Beginning; and from the Point of Beginning thus established, run thence Southerly along the Northerly boundary of said Lot 19-R adjoining Commodore Drive, a distance of four (4) feet; run thence Southeasterly parallel to the boundary between said Lots 18-R and 19-R, a distance of 110.0 feet to the Southeasterly boundary of said Lot 19-R; run thence Northeasterly along the boundary of said lot to the most Southerly point in the boundary between said Lots 18-R and 19-R; run thence Northwesterly along said boundary between said lots to the established Point of Beginning.
(collectively, the “Land”)
TOGETHER with the following tangible and intangible personal property located on and/or associated with the Land:
(i) All leasehold estate, and all right, title and interest of the Borrower Defendants (as defined in the Complaint)(“Debtor”) in and to all leases or subleases covering the Land or any portion thereof now or hereafter existing or entered into and all right, title, and interest of Debtor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature;
(ii) All right, title, and interest of Debtor in and to all options to purchase or lease the Land or any portion thereof or interest therein, and any greater estate in the Land owned or hereafter acquired;
(iii) All easements, streets, ways, alleys, rights-of-way, and rights used in connection with the Land, or as a means of access thereto, and all tenements, hereditaments, and appurtenances thereof and thereto, and all water rights;
(iv) All buildings, structures, and improvements now or hereafter erected on the Land, including, but not limited to the fixtures, attachments, appliances, equipment, machinery, and other articles attached to said buildings, structures, and improvements (collectively, the “Improvements”);
(v) All fixtures, appliances, machinery, equipment (except golf course maintenance equipment), furniture, furnishings, and articles of personal property now or hereafter affixed to, placed upon, or used in connection with the operation of the Land or any part thereof, all gas, steam, electric, water, and other heating, cooking, refrigerating, lighting, plumbing, ventilating, irrigating, and power systems, machines, appliances, fixtures, and appurtenances which are now or may hereafter pertain or be used with, in or on said Land, even though they may be detached or detachable, and all building improvement and construction materials, supplies, and equipment hereafter delivered to the Land contemplating installation or use in the constructions thereon, and all rights and interests of Debtor in building permits and architectural plans and specifications relating to contemplated constructions or improvements on said Land, and all rights and interests of Debtor in present or future mortgage loan commitments pertaining to any of said Land or the Improvements thereon;
(vi) All awards and proceeds of condemnation of the Land or any part thereof to which Debtor is entitled for any taking of all or any part of the Land by condemnation or exercise of the right of eminent domain;
(vii) All rent, issues, and profits of the Land and all the estate, right, title, and interest of every nature whatsoever of the Debtor in and to the same;
(viii) All accounts (including contract rights) and general intangibles pertaining to or arising from or in connection with all or any part of the Mortgaged Property, as hereinafter defined, including without limitation a) all proceeds and choses in action arising under any insurance policies maintained with respect to all or any part of the Mortgaged Property; and
(ix) All proceeds, products, replacements, additions, substitutions, renewals, and accessions of any of the foregoing items.
(collectively, the “Personal Property”)
All of the Land, the Improvements, and the Personal Property, and all rights, privileges, and franchises associated therewith are collectively referred to as the “Property”.
Accordingly, you are required to serve a copy of a written defense, if any, to such action to Richmond C. Flowers, Esq., Plaintiff's attorneys, whose address is Adams and Reese LLP, 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, within 30 days from the date of this Notice, and file the original with the Clerk of this Court, either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default will be entered against you for the relief demanded in Plaintiff's Complaint.
AMERICANS WITH DISABILITIES ACT: 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. 500 CLEARWATER, FL 33756, (727) 464-4062 V/TDD; OR 711 FOR THE HEARING IMPAIRED. CONTACT SHOULD BE INITIATED AT LEAST SEVEN DAYS BEFORE THE SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN SEVEN DAYS. THE COURT DOES NOT PROVIDE TRANSPORTATION AND CANNOT ACCOMMODATE SUCH REQUESTS. PERSONS WITH DISABILITIES NEEDING TRANSPORTATION TO COURT SHOULD CONTACT THEIR LOCAL PUBLIC TRANSPORTATION PROVIDERS FOR INFORMATION REGARDING TRANSPORTATION SERVICES.
Dated this 4 day of OCT, 2013.
KEN BURKE
CLERK CIRCUIT COURT
315 Court Street Clearwater,
Pinellas County, FL 33756-5165
By: SUSAN C. MICHALOWSKI
Deputy Clerk
Richmond C. Flowers, Esq.
Adams and Reese LLP
150 Second Avenue North, 17th Floor
St. Petersburg, Florida 33701
Telephone: 727-502-8200
Facsimile: 727-502-8282
Attorneys for Plaintiff,
1st United Bank
3132895-1
October 11, 18, 2013 13-10721N

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