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FIRST INSERTION
NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 06-CA-003016
Consolidated with above case
CASE NO.: 07-CA-014005
MERITAGE HOMES OF FLORIDA, INC.,
Plaintiff, vs.
OLIVIA'S SAVANNAH, LLC,
Defendant.
___________________________/
OLIVIA'S SAVANNAH, LLC, a Florida limited liability company,
Plaintiff, vs.
LENNAR HOMES, LLC, a Florida corporation, U.S. HOME CORPORATION, a Delaware corporation, and UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC, a Florida limited liability company,
Defendants,
___________________________/
U.S. HOME CORPORATION, a Delaware corporation,
and LENNAR HOMES, LLC, a Florida limited liability company,
Counter-Plaintiffs/Third-Party Plaintiffs, vs.
OLIVIA'S SAVANNAH, LLC, a Florida limited liability company,
Counter-Defendant, and
ASCOT DEVELOPMENT, LLC, a Florida limited liability corporation, RIVERSIDE INVESTORS, LLC, a Florida limited liability company, and MERITAGE HOMES OF FLORIDA, INC., a Florida corporation,
Third-Party Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment of Foreclosure entered on October 3, 2013 in Case No. 06-CA-003016 of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which U.S. HOME CORPORATION, a Delaware corporation is the Counter-Plaintiff/Third-Party Plaintiff and the Counter-Defendant is OLIVIA'S SAVANNAH, LLC, a Florida limited liability company, and the Third-Party Defendants are RIVERSIDE INVESTORS, LLC, a Florida limited liability company, and MERITAGE HOMES OF FLORIDA, INC., a Florida corporation, (collectively, “Defendants”), the Clerk will sell to the highest and best bidder for cash online at www.lee.realforeclose.com at 9:00 a.m. on the 6th day of November, 2013 the following described real property located in Lee County, Florida:
SEE EXHIBIT “A” ATTACHED HERETO
EXHIBIT “A”
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 16 AND 17, TOWNSHIP 45 SOUTH, RANGE 27 EAST, LEE COUNTY FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17, THENCE RUN ALONG THE NORTH BOUNDARY OF THE NORTHWEST ONE-QUARTER, NORTH 89Ëš19'08” EAST, 53.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTH BOUNDARY OF SAID SECTION 17, NORTH 89Ëš19'08” EAST, 2512.02 FEET; THENCE SOUTH 00Ëš40'52” EAST, 100.00 FEET; THENCE NORTH 89Ëš19'08” EAST 2765.20 FEET; THENCE NORTH 88Ëš27'33” EAST, 1244.61 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF HOMESTEAD ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE SOUTH 00Ëš45'52” EAST, 966.92 FEET; THENCE SOUTH 89Ëš14'08” WEST, 800.00 FEET; THENCE SOUTH 00Ëš45'52” EAST 756.89 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF MILWAUKEE BOULEVARD; THENCE ALONG THE NORTHERLY RIGHT-AT-WAY LINE FOR THE FOLLOWING NINE (9) COURSES: 1) SOUTH 89Ëš14'08” WEST, 394.85 FEET TO A POINT OF CURVATURE; 2) WESTERLY, 626.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 3553.00 FEET AND A CENTRAL ANGLE OF 10Ëš06'08” (CHORD BEARING SOUTH 84Ëš11'04” WEST, 625.64 FEET) TO A POINT OF TANGENCY; 3) SOUTH 79Ëš08'00” WEST, 483.63 FEET TO A POINT OF CURVATURE; 4) WESTERLY 796.92 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1747.00 FEET AND A CENTRAL ANGLE OF 26Ëš08'11” (CHORD BEARING NORTH 87Ëš47'54” WEST, 790.03 FEET) TO A POINT OF TANGENCY; 5) NORTH 74Ëš43'49” WEST, 737.92 FEET TO A POINT OF CURVATURE; 6) WESTERLY, 813.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1553.00 FEET AND A CENTRAL ANGLE OF 29Ëš59'59” (CHORD BEARING NORTH 89Ëš43'48” WEST, 803.88 FEET) TO A POINT OF TANGENCY; 7) SOUTH 75Ëš16'12” WEST, 458.03 FEET TO A POINT OF CURVATURE; 8) NORTHWESTERLY, 2181.25 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1197.00 FEET AND A CENTRAL ANGLE OF 104Ëš24'29” (CHORD BEARING NORTH 52Ëš31'33” WEST, 1891.73 FEET) TO A POINT OF TANGENCY; 9) NORTH 00Ëš19'19” WEST, 635.02 FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT
LAKE AREA #2
AS TAKEN FROM O.R. BOOK 2530, PAGES 3370-3374
SECTION 17, TOWNSHIP 45 SOUTH, RANGE 27 EAST
COMMENCING AT THE NORTHEAST CORNER OF SECTION 17, TOWNSHIP 45 SOUTH, RANGE 27 EAST, LEE COUNTY, FLORIDA; THENCE SOUTH 89Ëš19'08” WEST, ALONG THE NORTH SECTION LINE OF SAID SECTION 17, A DISTANCE OF 1,400.05 FEET; THENCE SOUTH 00Ëš40'52” EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF A 100 FOOT DRAINAGE RIGHT OF WAY, A DISTANCE OF 688.76 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 440.00 FEET, AND A DELTA ANGLE OF 79Ëš30'00”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 610.50 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 78Ëš49'08” WEST, A DISTANCE OF 734.97 FEET, TO THE POINT OF BEGINNING OF A TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 78Ëš49'08” WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF AFORESAID DRAINAGE RIGHT-OF-WAY, A DISTANCE OF 85.85 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 649.98 FEET, AND A DELTA ANGLE OF 19Ëš56'36.9”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 226.25 FEET, TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,108.09 FEET, AND A DELTA ANGLE OF 50Ëš49'09.7”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 982.83 FEET, TO THE CUSP OF TWO CURVES, SAID NEW CURVE BEING CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 604.11 FEET, A DELTA ANGLE OF 68Ëš46'55”, A CHORD OF 682.44 FEET, AND A CHORD BEARING OF NORTH 63Ëš35'08.6” EAST; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 725.21 FEET, TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 760.00 FEET, AND A DELTA ANGLE OF 23Ëš19'23.7”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 309.37 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 52Ëš31'04.7” EAST, A DISTANCE OF 245.04 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, AND A DELTA ANGLE OF 41Ëš38'40.1”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 145.37 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 10Ëš52'24.6” EAST, A DISTANCE OF 143.11 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, AND A DELTA ANGLE OF 78Ëš26'43.4”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 150.60 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89Ëš19'08” EAST, A DISTANCE OF 677.97 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, AND A DELTA ANGLE OF 90Ëš00'00”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 78.54 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 00Ëš40'52” EAST, A DISTANCE OF 46.95 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET, AND A DELTA ANGLE OF 88Ëš10'36.3”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 76.95 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 87Ëš29'44.3” WEST, A DISTANCE OF 218.21 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 225.00 FEET, AND A DELTA ANGLE OF 82Ëš05'23.4”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 322.37 FEET, TO THE POINT OF REVERSE CURVATURE OF CURVE TO THE RIGHT, HAVING A RADIUS OF 110.00 FEET, AND A DELTA ANGLE OF 73Ëš24'47.1”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 140.94 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 78Ëš49'08.0” WEST, A DISTANCE OF 209.37 FEET, TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 180.00 FEET, AND A DELTA ANGLE OF 180Ëš00'00.0”; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 565.49 FEET, TO THE CUSP OF THE CURVE AND THE POINT OF BEGINNING, SAID TRACT OF LAND.
LESS AND EXCEPT
PRESERVATION AREA #5
AS TAKEN FROM O.R. BOOK 2387, PAGES 2536-2538
BEING A PARCEL OF LAND LYING IN A PART OF MIRROR LAKES, RECORDED IN PLAT BOOK 27, PAGES 83 THROUGH 160 INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP 45 SOUTH, RANGE 27 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17; THENCE SOUTH 89Ëš19'08” WEST (FOR CONVENIENCE THE BEARINGS SHOWN HEREIN ARE FROM TRUE MERIDIAN BASED ON OBSERVATION OF POLARIS AT SOUTHWEST CORNER OF SECTION 30, TOWNSHIP 44 SOUTH, RANGE 27 EAST) ALONG THE NORTH LINE OF SAID SECTION 17, A DISTANCE OF 975.04 FEET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 9, BLOCK 34 OF SAID MIRROR LAKES; THENCE SOUTH 00Ëš40'52” EAST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 565.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE CONTINUE SOUTH 00Ëš40'52” EAST ALONG THE EAST LINE OF LAND LOT 9, A DISTANCE OF 68.60 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT LYING ON A CURVE TO CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 107Ëš58'36”; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 376.91 FEET TO A POINT OF REVERSE CURVE, CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 375.00 FEET AND A CENTRAL ANGLE OF 46Ëš30'15”, THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 304.37 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 43Ëš53'40”; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 153.22 FEET; THENCE SOUTH 35Ëš00'10” WEST ALONG THE TANGENT OF SAID CURVE, A DISTANCE OF 623.40 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 132Ëš11'22”; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 207.64 FEET; THENCE NORTH 12Ëš48'28” WEST ALONG THE TANGENT OF SAID CURVE, A DISTANCE OF 65.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 59Ëš12'13”; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 93.00 FEET; THENCE NORTH 46Ëš23'45” EAST ALONG THE TANGENT OF SAID CURVE, A DISTANCE OF 295.38 FEET TO THE BEGINNING OF CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 65Ëš45'06”; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 114.76 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 350.00 FEET AND A CENTRAL ANGLE OF 43Ëš06'14”; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 263.31 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 62Ëš58'50”; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 109.92 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 106Ëš26'52”; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 464.46 FEET TO A POINT COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 345.00 FEET AND A CENTRAL ANGLE OF 19Ëš15'25”; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 115.95 FEET TO A POINT OF COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 23Ëš09'49”; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 80.82 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE TANGENT TO SAID CURVE BEARS SOUTH 70Ëš21'51” EAST AT THIS POINT.
SUBJECT TO RESERVATIONS, EASEMENTS AND RESTRICTIONS OF RECORD.
SUBJECT PARCEL IS A PORTION OF MIRROR LAKES AS RECORDED IN PLAT BOOK 27, PAGES 83-160, IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
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 sixty (60) days after the sale. Linda Doggett is the Clerk & Comptroller of the Court making the foregoing sale, Twentieth Judicial Circuit, Lee County, Florida.
WITNESS my hand and the Seal of the Court on this 22 day of October, 2013.
LINDA DOGGETT
Clerk of the Circuit Court & Comptroller
20th Judicial Circuit
Lee County, Florida
(SEAL) By: M. Parker
As Deputy Clerk
LAW FIRM:
BILZIN, SUMBERG, BAENA
PRICE & AXELROD LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
(305) 374-7580
Oct. 25; Nov. 1, 2013 13-05526L