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NOTICE OF SALE
IN THE CIRCUIT COURT
OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2013-CA-52992
Fifth Third Bank Sbm to First National Bank of Florida,
Plaintiff, v.
Deep Lagoon Boat Club Ltd., a Florida limited partnership d/b/a Ft. Myers Boat Club,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Stipulated Final Judgment of Foreclosure entered by the Court on October 31, 2014, in Case No. 2013- CA-52992, in the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, that Linda Doggett, the Clerk of the Circuit Court, will sell to the highest and best bidder for cash at public sale by an electronic online auction sale at www.lee.realforeclose.com, on December 3, 2014, at 9:00 A.M., the following described property as set forth in said Stipulated Final Judgment of Foreclosure:
See Attached Exhibit A
Exhibit A, Part 1
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING IN SECTIONS 20 & 29, TOWNSHIP 45 SOUTH, RANGE 24 EAST, BEING PART OF THE PARCELS AS DESCRIBED IN OFFICIAL RECORD BOOK 1628, PAGE 1740, OFFICIAL RECORD BOOK 1850, PAGES 2125 AND 2134 AND OFFICIAL RECORD BOOK 2178, PAGE, PAGE 1694, LEE COUNTY PUBLIC RECORDS AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20, ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 29; THENCE S.88°58'26'W. ALONG THE SOUTH LINE OF SAID SECTION 20, ALSO BEING THE NORTH LINE OF SAID SECTION 29, FOR 40.05 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF McGREGOR BOULEVARD (80' WIDE); THENCE CONTINUE S.88°58'26”W. ALONG SAID SOUTH LINE AND SAID NORTH LINE, FOR 143.31 FEET; THENCE S. 26°40'19''E., FOR 102.83 FEET TO AN INTERSECTION WITH SAID NORTHWESTERLY RIGHT OF WAY LINE; THENCE S.45°48'00”W. ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, FOR 688.36 FEET; THENCE N.44°12'00'W. FOR 65.00 FEET TO A POINT IN AN EXISTING CANAL; THENCE N.45°48'00'E., FOR 40.00 FEET; THENCE N.44°12'00” W. ALONG SAID EXISTING CANAL FOR 557.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING: A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 131°52'40” A CHORD BEARING AND DISTANCE OF N.21°44'20”E., 54.79 FEET; THENCE ALONG THE ARC OF SAID CURVE AND SAID EXISTING CANAL, AN ARC LENGTH OF 69.05 FEET TO THE END OF SAID CURVE: THENCE N.87°40'40”E. ALONG THE SAID EXISTING CANAL FOR 127.40 FEET; THENCE N.44°12”00”W. ALONG SAID EXISTING CANAL FOR 39.56 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 20, ALSO BEING THE NORTH LINE OF SAID SECTION 29; THENCE S.88°58'26'W. ALONG SAID SOUTH LINE AND SAID NORTH LINE, FOR 154.84 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1262, PAGE 481, ALSO BEING THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL BOOK1828. PAGES 1741 & 1745, SAID CORNER BEING 20.00 FEET WEST OF THE SOUTHEAST CORNER OF A PARCEL DESCRIBED IN OFFICIAL BOOK 1331, PAGE 1706; THENCE S.85°03'47'W. ALONG THE CENTER OF SAID EXISTING CANAL, FOR 607 FEET, MORE OR LESS TO THE SHORELINE OF DEEP LAGOON; THENCE CONTINUE S.85°03”47”W. ALONG THE EXTENSION OF SAID CENTER OF EXISTING CANAL, FOR 206 FEET. MORE OR LESS TO THE CENTERLINE OF DEEP LAGOON; THENCE N.04°40'13”E. ALONG SAID CENTERLINE OF DEEP LAGOON, FOR 55.72 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 20, ALSO BEING THE NORTH LINE OF SAID SECTION 29; THENCE CONTINUE N.04°40'13”E. ALONG SAID CENTERLINE OF DEEP LAGOON, FOR 444.28 FEET TO AN INTERSECTION WITH THE EXTENSION OF THE CENTERLINE OF THE FORMER IONA DRAINAGE CANAL “F' EASEMENT; THENCE N.89°33'20”E. ALONG SAID CENTERLINE, FOR 1565.76 FEET; THENCE S.00°04'18”E. FOR 242.32 FEET TO AN INTERSECTION WITH THE NORTH LINE OF AN INGRESS/EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1262, PAGE 481 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N.89°26'00”E. ALONG SAID NORTH LINE FOR 380.68 FEET THENCE S44°11'54”E FOR 29.55 FEET TO AN INTERSECTION WITH SAID NORTHWESTERLY RIGHT OF WAY LINE OF McGREGOR BOULEVARD (80' WIDE ); THENCE S.45Ëš48'00”W. ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE, FOR 233.01 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE NORTHWESTERLY RIGHT OF WAY LINE OF McGREGOR BOULEVARD AS BEARINS S.45Ëš48'00”W.
PARCEL CONTAINS 1047078 SQUARE FEET OR 24.04 ACRES, MORE OR LESS.
LESS AND EXCEPT:
THOSE CERTAIN CONDOMINIUM PARCELS COMPOSED OF UNITS WS 7,WS 8, WS 9, WS 10, WS 34, WS 38, WS 39, WS 40, WS 43, WS 44, WS 45, WS 54, WS 55 AND WS 57, FT MYERS BOATCLUB, A CONDOMINIUM, AND AN UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS, RESTRICTIONS, TERMS AND OTHER PROVISIONS OF THE DECLARATION THEREOF RECORDED IN INSTRUMENT #2007000333100 OF THE PUBLIC RECORDS OF LEE COUNTY , FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO .
PARCEL SUBJECT TO THE FORMER IONA DRAINAGE DISTRICT CANAL 'F* EASEMENT.
PARCEL SUBJECT TO AND TOGETHER WITH A NON-EXCLUSIVE ROADWAY EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1366, PAGE 802, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
PARCEL SUBJECT TO AND TOGETHER WITH AN EASEMENT OVER AND ACROSS THE WATERS OF THE EXISTING CANAL ALONG THE NORTH BOUNDARY OF SAID PARCEL AS RECORDED IN THE OFFICIAL RECORD BOOK 1366, PAGE 802, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
PARCEL SUBJECT TO A NAVIGATIONAL EASEMENT OVER AND ACROSS THE EXISTING CANAL ALONG THE SOUTH BOUNDARY OF SAID PARCEL AS RECORDED IN THE OFFICIAL RECORD BOOK 1331, PAGE 1706 AND OFFICIAL BOOK 1262, PAGE 486, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA
PARCEL SUBJECT TO A 50' WIDE ROADWAY EASEMENT AS RECORDED IN OFFICIAL BOOK 1262, PAGE 481, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA
PARCEL SUBJECT TO A 10' WIDE WATER MAIN EASEMENT AS RECORDED IN Official BOOK 1413, PAGE 1875, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
Exhibit A, Part 2 “Debtor”is Deep Lagoon Boat Club Ltd. ''Secured Party” is Fifth Third Bank.
1. All of the structures, buildings and improvements now or hereafter situated upon the real estate, (described on Exhibit A, Part 1, hereinafter such real estate shall be referred to as the “Real Property”), all of which structures, buildings and improvements, to the fullest extent permitted by law, shall be deemed affixed to, and a part of, the Real Property.
2. Any and all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, air rights, water, water stock, water rights, titles, interests, privileges, tenements, hereditaments and· appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Real Property or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor, and the reversion and reversions, remainder and remainders, rents, issues, profits thereof, and all of the estate, right, title, interest,, property, possession, claim and demand whatsoever at law, as well as in equity, of the Debtor of, in and to the same.
3. All right, title and interest of the Debtor, if any, in and to the land lying in the bed of any streets, roads or avenues, opened or proposed, in front of or adjoining the Real Property, and in and to the appurtenances thereto.
4. All rents, profits, issues and revenue of the Real Property and the buildings on the Real Property from time to time accruing, whether under leases or tenancies now existing or hereafter created including, but not limited to, all fees, charges, accounts or other payments for the use or occupancy of rooms and other public facilities in hotels, motels, or other lodging properties at any time located on the Real Property.
5. All of the Debtor's right, title and interest in and to any judgments, awards of damages, condemnation payments and settlements, including interest thereon, and the right to receive the same, which may be made with respect to the Real Property as a result of the exercise of the right of eminent domain, the alteration of the side of any street, any other injury or a decrease in the value of the Real Property, or proceeds of insurance awards.
6. All machinery, apparatus, equipment, fittings, fixtures and tangible personal property of every kind and nature whatsoever now or hereafter located on the Real Property or in any buildings or improvements upon the Real Property, or any part thereof, and used or usable in connection with the construction of or any occupancy of any buildings on the Real Property or the operation of the Real Property, all additions thereto, and all substitutions and replacements therefor, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, but specifically excluding all equipment, machinery, furniture and other items of tangible personal property owned by tenants occupying buildings on the Real Property or used in the operation of the Debtor's business.
7. The Debtor's interest in all leases of the Real Property or portions thereof now existing or hereafter entered into by the Debtor, and all right, title and interest of the Debtor thereunder, including, without limitation, cash or securities deposited thereunder to secure performance by the lessees and vendees of their obligations thereunder, subject, however, to the terms of the leases pursuant to which such deposits are held.
8. All deposits made with, or other security given to, utility companies by the Debtor or any partner of the Debtor with respect to the Real Property.
9. All of the Debtor's rights relating to the Real Property or the operation thereof, or used in connection therewith, including, without limitation, the non-exclusive right to use trade names, service marks and trademarks.
10. All rights to any permits, licenses, authorizations and approvals granted to or otherwise held by the Debtor in regard to the Real Property such as, but not limited to, all building permits, certificates of occupancy, etc.
11. All rights of the Debtor to any contracts relating. to the Real Property such as, but not limited to, all purchase and sale agreements and deposits therein, all contracts with any general contractors with regard to improvements to be constructed on the Real Property, engineer contracts, architects contracts, etc., and to any engineering, architectural and other plans, drawings and specifications in connection therewith..
12. All intangible rights of the Debtor regarding the Real Property, such as, but not limited to, all impact fee credits, sewer and water fee credits, sewer and water rights, and development rights, including, but not limited to, rights regarding concurrency and the right to develop.
13. All of the Debtor's rights under any payment bonds and/or performance bonds regarding any development and/or construction on the Real Property.
14. All of the Debtor's rights in any construction and other materials stored on the Real Property or elsewhere.
15. All deposit balances, accounts, items, certificates of deposit and monies of the Debtor in possession of or on deposit with Secured Party, including without limitation, any interest reserve, equity deposit, cash collateral, construction or other account established or maintained with respect to Secured Party's loan to the Debtor.
16. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing properties into cash or liquidated claims, including, but not limited to, proceeds of insurance and condemnation awards, and specifically including the rights to any insurance proceeds arising out of any business interruption, loss of rents or loss of profits awards.
17. All products, replacements, additions, substitutions, renewals and accessions of any of the foregoing properties associated with the Real Property.
The “equipment'' referenced above. includes, but is not limited to, the following: 1979 twenty ton ACME Travelift ; 2002 Wiggins Forklift; 2007 Marine Travelift; 36 Individual Boat Storage Racks; 223 Boat Stands/Tops; Approximately 88 Indoor dry storage boat racks (1, 2, and 3 levels stacked); and Various Chalks and Blocking Supplies.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. **
Dated: OCT 31 2014
LINDA DOGGETT,
Clerk of Circuit Court,
Lee County
(SEAL) By: S. Hughes
Deputy Clerk
W. Keith Fendrick, Esq.
e-mail: [email protected] HOLLAND & KNIGHT LLP
100 N. Tampa St., Suite 4100
Tampa, FL 33602
Attorneys for Plaintiff, Boating Gear Center, LLC
November 7, 14, 2014 14-04996L