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FIRST INSERTION
AMENDED notice of action
IN THE CIRCUIT COURT
OF THE TWELFTH JUDICIAL
CIRCUIT IN AND FOR SARASOTA COUNTY, Florida
Case No. 2014 CA 002432 NC
SUNTECH COMMUNITIES, INC.,
Plaintiff, v.
WILCO PROPERTIES, INC.,
a Texas corporation, successor by merger to J&B ROYALTY COMPANY, a Texas corporation;
FORREST JACKSON, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
GEORGE E. SHAW, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
DEPOSIT GUARANTY BANK & TRUST CO., and CATHERINE W. SANDERS, as Co-Trustees or Successor Co-Trustees of the Catherine W. Sanders Marital Trust under the Will of Robert D. Sanders, deceased; and their
successor(s) and assign(s) and all other parties including the
successor trustee(s) of the aforesaid trust and its unknown
beneficiaries and assigns claiming by, through, under or against them;
DEPOSIT GUARANTY BANK & TRUST CO., and CATHERINE W. SANDERS, as Co-Trustees or Successor Co-Trustees of the Robert D. Sanders Residuary Trust under the Will of Robert D. Sanders, deceased; and their successor(s) and assign(s) and all other parties including the successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
HARRY T. SHAW, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
GEORGE E. SHAW, JR., if alive, and if dead, his unknown
spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
EMMA FRANCES RUSHTON, if alive, and if dead, her unknown heirs, beneficiaries, unknown spouse, devisees, grantees, creditors and all other people claiming by, through or under her;
JAMES S. ROLAND, Trustee f/b/o beneficiaries under the Last Will and Testament of EMMA FRANCES RUSHTON,
deceased, and his successor(s) and assign(s) and all other parties
including the successor trustee(s) of the aforesaid trust and all
unknown beneficiaries and assigns claiming by, through, under
or against him;
CATHERINE W. SANDERS GILLIAM, JAMES WILLIAM SANDERS II, JULIA SHELIA SANDERS MURPHY,
and JUNE KELLEY SANDERS CLEMENT, as Co-Trustees of the
ROBERT D. SANDERS RESIDUARY TRUST Under the Will of ROBERT D. SANDERS, deceased; and their successor(s)
and assign(s) and all other parties including the successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
FORREST JACKSON and MYRTLE PRICE JACKSON,
his wife, if alive, and if either of them are dead, their unknown spouses, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against them;
GEORGE E. SHAW, JR., DELIA WOOD SHAW, HARRY T. SHAW, and SARA STRAWDER SHAW,
if alive, and if any or all of them are dead, their unknown spouses, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against them;
GEORGE E. SHAW, JR. and CELIA WOOD SHAW, his wife,
if alive, and if either or both of them are dead, their unknown
spouses, heirs, devisees, grantees, creditors and all other parties
claiming by, through, under or against them;
HARRY T. SHAW and SARA STRAWDER SHAW, his wife,
if alive, and if either or both of them are dead, their unknown
spouses, heirs, devisees, grantees, creditors and all other parties
claiming by, through, under or against them;
CATHERINE W. SANDERS GILLIAM, JAMES WILLIAM
SANDERS II, JULIA SHELIA SANDERS MURPHY and JUNE
KELLEY SANDERS CLEMENT, as Co-Trustees of the
CATHERINE W. SANDERS MARITAL TRUST under the
Will of Robert D. Sanders, deceased, if alive, and their successors and assigns and all other parties as well as the successor trustee(s) of the
aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
TRANS SOUTHERN ROYALTY CO., LTD.,
an Alabama Corporation, and its successors and assigns as well as all other parties claiming by, through, under or against said entity.
Defendants.
TO: ALL DEFENDANTS LISTED ON THE ATTACHED EXHIBIT “A”:
YOU ARE HEREBY NOTIFIED that an action to partition the following property located in Sarasota County, Florida:
The oil, gas and mineral interests only, in the following land:
Primary Parcel:
A tract of land lying and being in Section 10,11,14,15, 22 and 23, Township 36 South, Range 20 East, Sarasota County, Florida; said tract being bounded on the South by the maintained right of way of Fruitville Road, formerly State Road 780, according to Road Plat Book 2, Page 7 et seq. of the Public Records of Sarasota County, Florida; said tract being bounded on the East by the maintained right of way of Verna Road according to Road Plat Book 2, Page 18 et seq, of the Public Records of Sarasota County, Florida; said tract being bounded on the North and East by the lands of Peachey as actually occupied and monumented according to Official Records Book 2022, Page 1183, et seq, and Official Records Book 1985, Page 2554, et seq., of the Public Records of Sarasota County, Florida; said tract being bounded on the North and West by the lands of Walton as monumented and actually occupied according to Official Records Book 2091, Page 1068 et seq., of the Public Records of Sarasota County, Florida.
LESS AND EXCEPT THEREFROM THE LANDS DESCRIBED BELOW:
TRACT 4
Commence at the East 1/4 corner of Section 14, Township 36 South, Range 20 East, Sarasota County, Florida, said 1/4 corner lying N 3°44'55” E, 2772.42' from the Southeast comer of said Section 14; thence S 3°44'55” W, along the East line of Section 14,354.65'; thence N 89°12'45” W, 31.34' to a 4”x4” concrete monument stamped “LS 4212” on the West right of way line of Verna Road per Road Plat Book 2, Page 18, et seq., of the Public Records of Sarasota County, Florida; thence N 89°12'45” W, 945.74' to a 4”x4” concrete monument stamped “LS 4212”; thence N 89°12'45” W, 2766.48' to a 4”x4” concrete monument stamped “LS 4212”; thence N 89°12'45” W, 2769.80' to a 4”x4” concrete monument stamped “LS 4212” for the Point of Beginning; thence N 89°12'45” W, 2769.80' to a 4”x4” concrete monument stamped “LS 4212” on the East line of the lands described in Official Record Book 2091, Page 1068 et seq. of the Public Records of Sarasota County, Florida; thence S 0°12'48”W along said East line of Official Records Book 2091, Page 1068, 5325.75' to a 4”x4” concrete monument stamped “LS 4212” on the North right of way line of Fruitville Road according to Road Plat Book 2, Page 7 et seq., said monument lying 41' North of the centerline of survey of said Road Plat Book 2, Page 7, et seq., thence S 89°25'51” E along said North right of way line, 524.32' to a point lying 43' North of said centerline of survey of said Road Plat Book 2, Page 7 et seq., thence S 89°12'45” E along said North right of way line, said line here being parallel to said centerline of survey, 500.00' to a point lying 43' North of said centerline of survey; thence S 89°19'38” E along said North right of way line, 500.00'; thence S 89°12'45” E along said North right of way line, said line here being parallel to said centerline of survey, 1245.45' to a 4”x4” concrete monument stamped “LS 4212”; thence N 0°12'48” E, 5325.751 to the Point of Beginning. Containing 339 acres, more or less.
AND
TRACT 3
Commence at the East 1/4 corner of Section 14, T36S-R20E, Sarasota County, Florida, said 1/4 corner lying N 3°44'55”E, 2772.42' from the Southeast corner of said Section 14; thence S 3°44'55”W, along the east line of Section 14, 354.65'; thence N 89°12'45”W, 31.34' to a 4”x4” concrete monument stamped “LS 4212” on the West right of way line of Verna Road per Road Plat Book 2, Page 18 et seq. of the Public Records of Sarasota County, Florida; thence N 89°12'45”W, 945.74' to a 4”x4” concrete monument stamped “LS 4212”; thence N 89°12'45” W, 2766.48' to a 4”x4” concrete monument stamped “LS 4212”; for the Point of Beginning; thence N 89°12'45”W, 2769.80' to a 4”x4” concrete monument stamped “LS 4212”; thence S 0°12'48”W, 5325.75' to a 4”x4” concrete monument stamped “LS 4212” on the North right of way line of Fruitville Road according to Road Plat Book 2, Page 7 et seq.; thence S 89°12'45”E along said North right of way line, said line here being parallel to the centerline of survey of Road Plat Book 2, Page 7 et seq., 1754.55' to a point lying 44' North of said centerline of survey of said Road Plat Book 2, Page 7 et seq.; thence S 88°59'00” E along said North right of way line, 500.00' to a point lying 42' North of said centerline of survey; thence S 89°05'52” E along said North right of way line, 515.29' to a 4”x4” concrete monument stamped “LS 4212”; thence N 0°12'48” E, 5328.77' to the Point of Beginning. Containing 339 acres, more or less.
Including that property and easement described in that certain deed dated December 20,1996, from Gerald Brown, as Trustee of the Delores E. Brown Trust, and Don Dee Ranch, Inc., a Florida corporation, to Gloria Van Huss, recorded December 23, 1996, in O.R. Book 2923 at pages 55 and 56 of the Official Records of Sarasota County, Florida, and by that certain corrective Warranty Deed dated May 8, 1997, from Gerald Brown, as Trustee of the Delores E. Brown Trust, and Don Dee Ranch, Inc., a Florida corporation, to Gloria Van Huss, recorded December 31,1997, in O.R. Book 3051 at pages 2748, 2749 and 2750 of the Official Records of Sarasota County, Florida.
AND
TRACT 2
Commence at the East 1/4 corner of Section 14, T36S-R20E, Sarasota County, Florida, said 1/4 corner lying N 3°44'55”E, 2772.42' from the Southeast corner of said Section 14; thence S 3°44'55”W, along the east line of Section 14, 354.65' thence N 89°12'45”W, 31.34' to a 4”x4” concrete monument stamped “LS 4212” on the west right of way line of Verna Road per Road Plat Book 2, Page 18 et seq. of the Public Records of Sarasota County, Florida; thence N 89°12'45”W, 945.74' to a 4”x4” concrete monument stamped “LS 4212” for the Point of Beginning; thence N 89°12'45”W, 2766.48' to a 4”x4” concrete monument stamped “LS 4212” thence S 0°12'48”W, 5328.77' to a 4”x4” concrete monument stamped “LS 4212” on the North right of way line of Fruitville Road according to Road Plat Book 2, Page 7 et seq.; thence S 89°05'22”E along said North right of way line, 484.71' to a point lying 40' North of the centerline of survey of said Road Plat Book 2, Page 7 et seq.; thence S 89°12'45”E along said North right of way line, said line here being parallel to said centerline of survey, 1000.00' to a point lying 40' North of said centerline of survey; thence S 87°43'23”E along said North right of way line, 500.17' to a point lying 27' North of said centerline of survey; thence S 89°52'15”E along said North right of way line, 500.06' to a point lying 35' North of said centerline of survey, thence S 89°54'00” E along said North right of way line, 281.81' to a 4”x4” concrete monument stamped “LS 4212”; thence N 0°12'48” E, 5331.36' to the Point of Beginning. Containing 339 acres, more or less.
AND
TRACT 1
Commence at the East 1/4 corner of Section 14, Township 36 South, Range 20 East, Sarasota County, Florida, said 1/4 corner lying N 3°44'55” E, 2772.42' from the Southeast corner of said Section 14; thence S 3°44'55” W, along the East line of Section 14,354.65'; thence N 89°12'45” W, 31.34' to a 4”x4” concrete monument stamped “LS 4212” on the West right of way line of Verna Road per Road Plat Book 2, Page 18 et seq. of the Public Records of Sarasota County, Florida; for the Point of Beginning; thence N 89°12'45” W, 945.74' to a 4”x4” concrete monument stamped “LS 4212”; thence S 0°12'48” W, 5331.36' to a 4”x4” concrete monument stamped “LS 4212” on the North right of way line of Fruitville Road according to Road Plat Book 2, Page 7 et seq.; thence S 89°54'00” E along said North right of way line, 218.23' to a point lying 41' North of the centerline of survey of said Road Plat Book 2, Page 7 et seq., thence S 89°12'45” E along said North right of way line, said line here being parallel to said centerline of survey, 529.72' to a point lying 41' North of the centerline of survey of said Road Plat Book 2, Page 7 et seq., said point also lying on the West right of way line of Verna Road according to Road Plat Book 2, Page 18 et seq.; thence N 1°04'19” E along the West right of way line of Verna Road according to Road Plat Book 2, Page 18 et seq., 2603.03'; thence N 3°25'52” E along said West right of way line, 1301.00'; thence N 3°41'29” E along said West right of way line 1000.36'; thence N 3°34'28” E along said west right of way line, 427.29' to the Point of Beginning. Containing 100 acres, more or less.
LESS AND EXCEPT AND EXCLUDING FROM TRACT 1 THAT PORTION OF TRACT 1 LYING IN SECTION 23, TOWNSHIP 36 SOUTH, RANGE 20 EAST, SARASOTA COUNTY, FLORIDA, WHICH PORTION OF TRACT 1 SHALL REMAIN A PART OF THE PRIMARY PARCEL. CONTAINING 1,089,011 SQUARE FEET OR 25.000 ACRES, MORE OR LESS, DESCRIBED AS FOLLOWS:
Commence at the Southeast corner of Section 23, Township 36 South, Range 20 East, Sarasota County, Florida; thence N.00°40'28”E. along the East line of said Section 23, a distance of 2484.87 feet; thence N.89°12'45”W., a distance of 56.58 feet to the POINT OF BEGINNING; thence continue N. 89°12'45” W., a distance of 529.72 feet; thence N.89°54'00”W., a distance of 218.23 feet; thence N.00°12'48”E., a distance of 1433.80 feet; thence S.89°47'12”E., a distance of 769.48 feet to a point on the West maintained right of way line of Verna Road, recorded in Road Plat Book 2, Page 18A, Public Records of Sarasota County; thence S.01°04'19”W. along said West maintained right of way line, a distance of 1438.84 feet; to the Point of Beginning.
EXHIBIT “A”
FORREST JACKSON, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
GEORGE E. SHAW, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
DEPOSIT GUARANTY BANK & TRUST CO., and CATHERINE W. SANDERS, as Co-Trustees or Successor Co-Trustees of the Catherine W. Sanders Marital Trust under the Will of Robert D. Sanders, deceased; and their successor(s) and assign(s) and all other parties including the
successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
DEPOSIT GUARANTY BANK & TRUST CO., and CATHERINE W. SANDERS, as Co-Trustees or Successor Co-Trustees of the Robert D. Sanders Residuary Trust under
the Will of Robert D. Sanders, deceased; and their successor(s) and assign(s) and all other parties including the successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
HARRY T. SHAW, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
GEORGE E. SHAW, JR., if alive, and if dead, his unknown
spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
EMMA FRANCES RUSHTON, if alive, and if dead, her
unknown heirs, beneficiaries, unknown spouse, devisees, grantees, creditors and all other people claiming by, through or under her;
JAMES S. ROLAND, Trustee f/b/o beneficiaries under the Last Will and Testament of EMMA FRANCES RUSHTON, deceased, and his successor(s) and assign(s) and all other parties including the successor trustee(s) of the aforesaid trust and all unknown beneficiaries and assigns claiming by, through, under or against him;
CATHERINE W. SANDERS GILLIAM, and JULIA SHELIA SANDERS MURPHY, as Co-Trustees of the ROBERT D. SANDERS RESIDUARY TRUST Under the Will of ROBERT D. SANDERS, deceased; and their successor(s) and assign(s) and all other parties including the successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
FORREST JACKSON and MYRTLE PRICE JACKSON, his wife, if alive, and if either of them are dead, their unknown spouses, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against them;
DELIA WOOD SHAW and HARRY T. SHAW, if alive, and if either of them are dead, their unknown spouses, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against them;
HARRY T. SHAW, if alive, and if dead, his unknown spouse, heirs, devisees, grantees, creditors and all other parties claiming by, through, under or against him;
CATHERINE W. SANDERS GILLIAM and JULIA SHELIA SANDERS MURPHY, as Co-Trustees of the CATHERINE W. SANDERS MARITAL TRUST under the Will of Robert D. Sanders, deceased, if alive, and their successors and assigns and all other parties as well as the successor trustee(s) of the aforesaid trust and its unknown beneficiaries and assigns claiming by, through, under or against them;
TRANS SOUTHERN ROYALTY CO., LTD.,
an Alabama Corporation, and its successors and assigns as well as all other parties claiming by, through, under or against said entity.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on Scott H. Carter, Dunlap & Moran, P.A., the Plaintiff's attorney, whose address is: P.O. Box 3948, Sarasota, Florida, 34230-3948, on or before 7-21-2014, and file the original with the Clerk of this Court either before service on Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the Complaint.
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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 on June 13th, 2014.
KAREN E. RUSHING
Clerk of the Circuit Court
By: G. Kopinsky
Deputy Clerk
Scott H. Carter, Esq.
Dunlap & Moran, PA.
P.O. Box 3948
Sarasota, FL 34230-3948
June 20, 27; July 4, 11, 2014 14-02684S