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FIRST INSERTION
NOTICE of sale
IN THE CIRCUIT COURT,
THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: 2012-08573
PINE BELLA SOL HOLDINGS, LLC, a Florida limited liability company,
Plaintiff, vs.
BELLASOL CONDOS, LLC, a Florida limited liability company; BELLASOL WATERFRONT
VILLAS CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit corporation; BELLASOL DOCK CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit corporation; BELLA TERRA DEVELOPMENT, LLC, a dissolved Florida limited liability company; MARK D. EKLO, an individual; DAN G. RUSS, an
individual; BELLASOL EQUITY PARTNERS LLC, a Florida limited liability company; and MARCUS PROPERTIES, LLC, a
Minnesota limited liability
company,
Defendants.
Notice is hereby given that, pursuant to the Consent Judgment of Foreclosure as to Count I in the above-captioned action, the Clerk shall offer for sale the property situated in Hillsborough County, Florida, described as follows:
SEE EXHIBIT “A” ATTACHED HERETO.
PARCEL “A”
A portion of Section 17, Township 31 South, Range 19 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16, Township 31 South, Range 19 East; thence North 88 degrees 56'28” West, 5900.00 feet along the North boundary of said Section 16 and its Westerly prolongation; thence South 35 degrees 59'22” West, 241.05 feet to a point on the outer or Northwest bulkhead line of Parcel No.3; thence South 34 degrees 59'22” West, 2047.35 feet along said bulkhead line to the Northwest corner of Parcel No 1; thence South 45 degrees 37'51” West, 379.67 feet along the Westerly bulkhead line of Parcel. No.1; thence South 44 degrees 22'09” East, 327.00 feet; thence South 45 degrees 37'51” West, 1085.00 feet; thence South 44 degrees 22'09” East, 1083.00 feet; thence South 45 degrees 37'51” West, 30.00 feet; thence South 44 degrees 22'09” East, 532.52 feet to the beginning of a curve concave to the Northeast having a radius of 2060.00 feet thence Southeasterly, 107.86 feet along said curve, through a central angle of 03 degrees 00'00” (chord bearing South 45 degrees 52'09” East, 107.85 feet); thence South 47 degrees 22'09” East, 48.83 feet to the Northwest corner of Area 3, Tract 2; thence South 42 degrees 37'51” West, 87.36 feet along the Westerly boundary of said Tract 2 to the Southerly right-of-way line of Apollo Beach Boulevard (100 foot right-of-way) at a point on a curve concave to the Southwest and having a radius of 1021.17 feet; thence along said Southerly right-of-way line the following courses and curves: Southeasterly 62.30 feet along said curve through a central angle of 03 degrees 29'41” (chord bears South 37 degrees 26'00” East, 62.28 feet); thence South 35 degrees 41'09” East, 159.02 feet to the beginning of a curve concave to the Northeast having a radius of 4463.82 feet; thence Southeasterly 236.67 feet along said curve through a central angle of 03 degrees 02'16” (chord bears South 37 degrees 12'17” East, 236.64 feet) to the Point of Beginning; thence Southeasterly 251.93 feet along said curve through a central angle of 03 degrees 14'01” (chord bears South 40 degrees 20'26” East, 251.89 feet); thence leaving said Southerly right-of-way line, South 42 degrees 37'51” West, 257.11 feet to the Southerly boundary of Tract 2; thence North 47 degrees 22'09” West, 250.00 feet along the Southerly boundary of said Tract 2; thence North 42 degrees 37'51” East, 287.93 feet to the Point of Beginning.
PARCEL “B”
Lots 1 through 5 and a portion of now vacated Pompano Circle and Pompano Park (per Resolution recorded in Official Records Book 1889, Page 248), Block 267, APOLLO BEACH UNIT 8, as recorded in Plat Book 37, Page 94, of the Public Records of Hillsborough County, Florida, explicitly described as follows:
Commence at the most Northerly corner of aforesaid Lot 1 for a Point of Beginning, said Northerly corner of Lot 1 also being a point on a curve concave Northeasterly having a radius of 4463.82 feet and a central angle of 05 degrees 08'33”; thence on the arc of said curve a distance of 400.65 feet, said arc subtended by a chord which bears South 45 degrees 55'26” East, a distance of 400.51 feet; thence South 41 degrees 11'03” West, a distance of 377.58 feet; thence North 48 degrees 48'57” West, a distance of 275.00 feet to a point on a curve concave Northeasterly having a radius of 125.00 feet and a central angle of 90 degrees 00'08”; thence on the arc of said curve, a distance of 196.35 feet, said arc subtended by a chord which bears North 03 degrees 48'57” West, a distance of 176.78 feet; thence North 41 degrees 11'03” East, a distance of 272.78 feet to the Point of Beginning.
PORTIONS OF PARCELS A AND B ARE ALSO KNOWN AS:
Bellasol Waterfront Villas, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book 16625, Page 1824, and as amended, and in Condominium Plat Book 21, Page 230, and as amended, all of the Public Records of Hillsborough County, Florida.
LESS AND EXCEPT THE FOLLOWING:
Units 1201, 1202, 1203, 1301, 1302, 1303, 1401, 1402, 1403, 2201, 2202, 2203, 2301, 2302, 2303, 2401, 2402, 2403, 3201, 3202, 3203, 3301, 3302, 3303, 9201, 9203, 9301, 9302, 9303, 9401,and 9403, Bellasol Waterfront Villas, a Condominium, according to the Declaration of Condominium as recorded in Official Records Book 16625, Page 1824, and as amended, and in Condominium Plat Book 21, Page 230, and as amended, all of the Public Records of Hillsborough County, Florida, together with an undivided interest in the common elements appurtenant thereto.
PARCEL “C”
That portion of Drumhead Canal lying 100 feet adjacent to and Southwesterly of the following legal description as shown on plat of APOLLO BEACH UNIT EIGHT, Plat Book 37, Page 94, Public Records of Hillsborough County, Florida.
Parcel I:
Lots 1 through 5 and a portion of now vacated Pompano Circle and Pompano Park (per Resolution recorded in Official Records Book 1889, Page 248), Block 267, APOLLO BEACH UNIT 8, as recorded in Plat Book 37, Page 94, of the Public Records of Hillsborough County, Florida, explicitly described as follows:
Commence at the most Northerly corner of aforesaid Lot 1 for a Point of Beginning, said Northerly corner of Lot 1 also being a point on a curve concave Northeasterly having a radius of 4463.82 feet and a central angle of 05 degrees 08'33”; thence on the arc of said curve a distance of 400.65 feet, said arc subtended by a chord which bears South 45 degrees 55'26” East, a distance of 400.51 feet; thence South 41 degrees 11'03” West, a distance of 377.58 feet; thence North 48 degrees 48'57” West, a distance of 275.00 feet to a point on a curve concave Northeasterly having a radius of 125.00 feet and a central angle of 90 degrees 00'08”; thence on the arc of said curve, a distance of 196.35 feet, said arc subtended by a chord which bears North 03 degrees 48'57” West, a distance of 176.78 feet; thence North 41 degrees 11'03” East, a distance of 272.78 feet to the Point of Beginning.
Parcel II:
A portion of Section 17, Township 31 South, Range 19 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Northeast corner of Section 16, Township 31 South, Range 19 East; thence North 88 degrees 56'28” West, 5900.00 feet along the North boundary of said Section 16 and its Westerly prolongation; thence South 35 degrees 59'22” West, 241.05 feet to a point on the outer or Northwest bulkhead line of Parcel No.3; thence South 34 degrees 59'22” West, 2047.35 feet along said bulkhead line to the Northwest corner of Parcel No 1; thence South 45 degrees 37'51” West, 379.67 feet along the Westerly bulkhead line of Parcel. No.1; thence South 44 degrees 22'09” East, 327.00 feet; thence South 45 degrees 37'51” West, 1085.00 feet; thence South 44 degrees 22'09” East, 1083.00 feet; thence South 45 degrees 37'51” West, 30.00 feet; thence South 44 degrees 22'09” East, 532.52 feet to the beginning of a curve concave to the Northeast having a radius of 2060.00 feet thence Southeasterly, 107.86 feet along said curve through a central angle of 03 degrees 00'00” (chord bearing South 45 degrees 52'09” East, 107.85 feet); thence South 47 degrees 22'09” East, 48.83 feet to the Northwest corner of Area 3, Tract 2; thence South 42 degrees 37'51” West, 87.36 feet along the Westerly boundary of said Tract 2 to the Southerly right-of-way line of Apollo Beach Boulevard (100 foot right-of-way) at a point on a curve concave to the Southwest and having a radius of 1021.17 feet; thence along said Southerly right-of-way line the following courses and curves: Southeasterly 62.30 feet along said curve through a central angle of 03 degrees 29'41” (chord bears South 37 degrees 26'00” East, 62.28 feet); thence South 35 degrees 41'09” East, 159.02 feet to the beginning of a curve concave to the Northeast having a radius of 4463.82 feet; thence Southeasterly 236.67 feet along said curve through a central angle of 03 degrees 02'16” (chord bears South 37 degrees 12'17” East, 236.64 feet) to the Point of Beginning; thence Southeasterly 251.93 feet along said curve through a central angle of 03 degrees 14'01” (chord bears South 40 degrees 20'26” East, 251.89 feet); thence leaving said Southerly right-of-way line, South 42 degrees 37'51” West, 257.11 feet to the Southerly boundary of Tract 2; thence North 47 degrees 22'09” West, 250.00 feet along the Southerly boundary of said Tract 2; thence North 42 degrees 37'51” East, 287.93 feet to the Point·of Beginning.
A PORTION OF PARCEL B AND PARCEL C ARE ALSO KNOWN AS:
Bellasol Dock Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 18778, Page 1973, of the Public Records of Hillsborough County, Florida, and any amendments thereto, together with its undivided share in the common elements.
LESS AND EXCEPT THE FOLLOWING:
Dock # aka Boat Slip # as follows: 3, 15, 19, 22, 23, 25, 27, 31, 32, 33, 34, 35, 36, 37, 39, and 40, Bellasol Dock Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 18778, Page 1973, of the Public Records of Hillsborough County, Florida, and any amendments thereto, together with its undivided share in the common elements.
TOGETHER WITH:
A security interest in and to all tangible and intangible personal property owned by Debtor and located on or incident to the real property described above, however arising or created, and whether now existing or hereafter arising, existing or created, and the proceeds thereof, as described as follows:
1. All fixtures, machinery, appliances, equipment, furniture and property of every nature whatsoever now or hereafter owned by Debtor and located in or on, or attached to, or used, or intended to be used, in connection with the operation of the Property, owned by Debtor, and buildings, structures or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, radiators, ranges, refrigerators, awnings, shades, blinds, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, ventilating and communications apparatus, boilers, vacuum cleaning systems, elevators, escalators, screens, storm doors and windows, stoves, wall beds, attached cabinets, partitions, ducts, compressors, rugs and carpets, draperies, furniture and furnishings located on the Property.
2. All building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including, but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall-heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures, and unattached refrigerating, cooking, heating, ventilating and air conditioning ducts, appliances and equipment, tools, lawn equipment, floor coverings, and elevators.
3. All of Debtor's right, title and interest in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property or under or above the same or any part or parcel thereof.
4. All easement rights, sewer rights, water rights and powers, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and/or upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary 'sewer lines, including mains, laterals, manholes and appurtenances; and all paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law, as well as in equity, of Debtor of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Property, or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property, or any part thereof, or to any rights appurtenant thereto; and all architectural building plans and specifications and all abstracts of title relating to the Property.
5. All of Debtor's right, title and interest as lessor in and to all leases or rental arrangements of the Property or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by or on behalf of Debtor, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
6. All of Debtor's right, title and interest, as seller, in and to all agreements for the sale and purchase of the Property, or any part thereof, including without limitation, all sale contracts between Debtor, as seller, and third party purchasers, and all takedown agreements between Debtor, as seller, and builders, for the sale of individual residential lots to be developed on the Property, hereafter made and entered into or hereafter made and entered into, by or on behalf of Debtor, and all purchase agreements between Borrower, as seller, and the purchasers thereof, as to the Property, which will be developed as “Bella Sol” residential community, together with all deposits, escrows, and payments in connection therewith, together with any and all guarantees of such agreements, together with any and all receivables now or hereafter due Debtor with respect to such agreements, and all proceeds thereof.
7. All of Debtor's right, title and interest in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided, and all proceeds or sums payable for the loss of or damage to (a) the Property or personal property, or (b) rents, revenues, income, profits or proceeds from service agreements or contracts, leases, franchises, concessions or licenses of or on any part of the Property.
8. All contracts and contract rights and accounts of Debtor now or hereafter arising from contracts now or hereafter entered into in connection with development (onsite and offsite) of the Property, construction upon or operation of the Property (including, without limitation, all warranties or guaranties by third parties, all deposits held by or on behalf of Debtor, and all management, marketing, sales, franchise, license and service agreements related to the business now or hereafter conducted by Debtor on the Property.
10. All accounts, contract rights, goods, inventory, intangible personal property, permits, licenses, and all personal property, whether actually or constructively attached to, connected with, or associated with the Property.
11. All of the right, title and interest of Debtor in and to any trademarks, trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
12. All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
13. All instruments, documents, chattel papers, letters of credit, and general intangibles relating to or arising from the foregoing collateral and all cash and non-cash proceeds and products thereof.
14. All of Debtor's right, title and interest in and to (i) all leases, subleases, tenancies and any other agreement affecting the use of the Property, whether written or oral, now or hereafter existing with respect to any portion or portions of the Property, together with any renewals or extensions thereof and leases, subleases, tenancies, and such agreements in substitution therefor (collectively the “Assigned Leases”); (ii) all rents, deposits, issues, profits and other payments of every kind due or payable and to become due or payable to Assignor by virtue of the Assigned Leases, or otherwise due or payable and to become due or payable to Debtor as the result of any issue, possession or occupancy of any portion or portions of the Property, (iii) all right, title and interest of Debtor in and to all guarantees of the Assigned Leases and (iv) any award made in any court proceeding involving any of the lessees in any bankruptcy, insolvency or reorganization proceedings in any state or federal court.
15. All of Debtor's right, title and interest in and to with respect to development of the Property and construction of improvements on the Property, including but not limited to (i) plans and specifications; ii) contractor's agreement(s) with general contractor(s), (iii) all building permits, service agreements, or other such permits and/or approvals, together with all rights and benefits derived therefrom, by various approvals, permits, licenses, and authorizations from governmental and other authorities having jurisdiction of the Property and such improvements; (iv) the general development plan, (v) all contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of Debtor, or which have been assigned to Debtor, in connection with the construction of the aforesaid improvements on the Property and the use, operation and maintenance of the Property, including, without limitation, contracts with any architect, engineer or contractor and agreements of any nature relating to the aforesaid improvements on the Property.
16. All of Debtor's right, title and interest in and to the numerous agreements, instruments, ingress and egress easements, cross easements, reciprocal easements, easements for water, sewer, and other utility easements, contracts, development agreements, whether now existing or hereafter created, relating to the construction of the improvements on the Property.
17. All products, proceeds, additions, improvements and accessions thereto and replacements, renewals, accessions or substitutions thereto in and to any of the items hereinabove set forth.
18. All proceeds of the foregoing.
at public sale, in the presence of the Plaintiff, to the highest and best bidder for cash, at the www.hillsborough.realforeclose.com on the 3rd day of November, 2014, at 10:00 a.m., pursuant to the terms of the Consent Judgment of Foreclosure as to Count I and in accordance with Section 45.031, Florida Statutes. 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 60 days after the sale.
If you are a person with a disability who needs an accommodation, you are entitled, at no cost to you, to the provision of certain assistance. To request such an accommodation please contact the ADA Coordinator within seven working days of the date the service is needed; if you are hearing or voice impaired, call 711.
Clerk of the Circuit Court
ADA Coordinator
601 E. Kennedy Blvd.
Tampa, FL 33602
Phone: (813) 276-8100,
Extension 3880
Email: [email protected]
Dated this 14th day of October, 2014.
By: James M. Riley
Florida Bar No.: 700411
ROGERS TOWERS, P.A.
1301 Riverplace Boulevard, Suite 1500
Jacksonville, Florida 32207
Telephone: (904) 398-3911
Facsimile: (904) 396-0663
Primary E-mail: [email protected]
Secondary E-mail: [email protected]
ATTORNEYS FOR PLAINTIFF
October 17, 24, 2014 14-07529H