-
-
Loading
Loading
FIRST INSERTION
NOTICE OF ACTION CONSTRUCTIVE SERVICE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 13-002130-CA
RADC/CADC VENTURE 2010-2, LLC, a Delaware Limited Liability Company, as assignee of the FEDERAL DEPOSIT INSURANCE CORP., acting as Receiver for FLORIDA COMMUNITY BANK,
Plaintiff, vs.
VENICE AVENUE, LLC; an inactive Florida Limited Liability Corporation; JACARANDA90 LLC, an inactive Florida Limited Liability Corporation; BISCAYNE 107, LLC, an inactive Florida Limited Liability Corporation; J&J HOMES, INC., an inactive Florida Corporation; JACQUES CLOUTIER ESTATE and any SUCCESSORS or ASSIGNS; JACQUES CLOUTIER, an individual (Guarantor); LOOE KEY REEF RESORT PROPERTIES, LLC, an inactive Florida Limited Liability Corporation (Guarantor); LOOE KEY REEF RESORT & DIVE CENTER, LLC, an inactive Florida Limited Liability Corporation (Guarantor); LOOE KEY TIKI RESTAURANT, LLC, an inactive Florida Limited Liability Corporation (Guarantor); EDWARDS FAMILY PARTNERSHIP, LP, a Delaware Limited Partnership; 5th 3rd Bank, a Foreign Profit Corporation; LANDMARK BANK of FLORIDA, an inactive Florida Profit Corporation; UNKNOWN PERSON(S) in possession; and all others who may claim any interest in this property,
Defendants.
TO: JACQUES CLOUTIER AND ANY SUCCESSORS OR ASSIGNS; JACQUES CLOUTIER, AN INDIVIDUAL whose residence is unknown, if he, she, they be living and if he, she, they be dead, the unknown defendants who may be spouses, heirs, divisees, grantees, assignees, lienors, creditors, trustees and all parties claiming an interest by through under or against the Defendants who are not known to be dead or alive and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed:
YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property:
A parcel or tract of land being a portion of vacated plat of Port Charlotte Subdivision Section 100, recorded in Plat Book 13, pages 7A through 7H, per Resolution of Vacation recorded in Official Records Book 1454, pages 1254 and 1255, all being recorded in public records of Charlotte County, Florida lying and being in a portion of lands Section 14 and 15, Township 40 South, Range 21 East, Charlotte County, Florida, being more particularly described as follows:
Commence at the common Section corner for said Sections 10, 11, 14, and 15; thence south 89° 41' 22” east, a distance of 25.00 feet to the Easterly right-of-way line of Tulip Street (50 foot right-of-way) as shown on said plat; thence South 00° 26' 45” West, along said Easterly right-of-way line a distance of 1330.61 feet to the POINT OF BEGINNING of this description; thence North 78° 34' 38” East, a distance of 372.28 feet; thence South 64° 27' 32” east, a distance of 125.18 feet to a point on the arc of a circular curve to the left; also being the Westerly right-of-way line of East Fork Waterway, whose radius point bears South 64° 27' 32” East, having a radius distance of 750.00 feet, a central angle of 22° 12' 22” thence along the arc of said curve in a Southwesterly direction, an arc distance of 290.68 feet, to a point of tangency; thence south 03° 20' 06” West, a distance of 67.11 feet to the Northerly right-of-way line of State Road 776 per Florida Department of Transportation Right-of-way Maps Section 01050-2508 and thee Northerly right-of-way line of the former Seaboard Airline Railroad right-of-way; thence along said Northerly right-of- way line the following two courses: South 68° 58' 51” West, a distance of 461.46 feet; South 69° 02' 11” West, a distance of 754.73 feet to the easterly right-of-way line of Biscayne Drive (100 foot right-of-way); thence North 18° 20' 00” West, along said Easterly right-of-way line, a distance of 29.23 feet to a point of curvature of a circular curve to the left, having a radius distance of 1050.00 feet, a central angle of 14° 55' 40”; thence along the arc of said curve in a Northerly direction, an arc distance of 273.57 feet; thence North 33° 15' 40” West, a distance of 594.05 feet; thence South 89° 38' 05” East, leaving said Easterly right-of-way line and along Southerly plat limits of Port Charlotte Subdivision Section 57, as recorded in Plat Book 5, pages 71A thru 71C of the public records of Charlotte County, Florida, a distance of 1187.35 feet to the Easterly right-of-way line of Tulip Street (50 foot right-of-way) and the POINT OF BEGINNING.
AND
PARCEL 1:
The West 615.5 feet to the Northeast 1/4 of the Northeast 1/4 of Section 34, Township 38 South, Range 19 East, LESS the South 170 feet thereof, Sarasota County, Florida.
AND
PARCEL 2:
Non-exclusive easement for the benefit of Parcel 1 as created by instrument recorded in Official Records Book 1088, page 1038, of the Public Records of Sarasota County, Florida, for the purpose of ingress and egress over and across the land described therein.
has been filed against you and you are required to serve a copy of your written defenses, if any to it on: Robert F. Cooke, Esq., Cooke Law Group, 9245 SW 158 Lane, Miami, FL 33157, Plaintiff's attorney on or before February 1, 2014 (no later than 30 days from the date of the first publication of this notice of action) and file the original with the Clerk of this court either before service on Plaintiff's attorney or immediately thereafter otherwise default will be entered against you for the relief demanded in the complaint or petition filed herein.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, 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 or voice impaired, call 711.
This notice shall be published once a week, two consecutive weeks in the Business Observer.
WITNESS my hand and seal of this Court at Charlotte, County, Florida on this 27th day of December, 2013.
BARBARA T. SCOTT
Clerk of the Circuit Court
Charlotte County, Florida
(Circuit Court Seal) By: J. Kern
As Deputy Clerk
Cooke Law Group
9245 SW 158 Lane,
Miami, FL 33157
January 3, 10, 2014 14-00005T