15-00633T

AMENDED NOTICE OF
ACTION - PROPERTY
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR CHARLOTTE COUNTY
CIVIL DIVISION
CASE NO. 15-1000-CA
DOUGLAS W. BERGNER,
Plaintiff, vs. LARRY L. LEBEAU, as Trustee of the LARRY L. LEBEAU REVOCABLE TRUST dtd June 13, 1994, et al.,
Defendants.
TO: UNKNOWN HEIRS OR CREDITORS OF DUGALD MCNEILL
ANY AND ALL OTHER UNKNOWN PERSONS WHO MAY CLAIM
AN INTEREST IN THE SUBJECT PROPERTIES
and ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED that an action for common law way of necessity, statutory way of necessity, and prescriptive easement concerning real properties located in Charlotte County, Florida, legally described as follows:
“Parcel A” (Lanzetta)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: Parcel A - commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of said Section 25; thence run S00°19'15”E, 544.04 feet; thence S89°40'45”W, 57.48 feet to the POB; continue thence S89°40'45”W, 57.48 feet; thence S00°19'15”E, 131.48 feet; thence N 89°40'45”E, 57.48 feet; thence N00°19'15”W, 131.48 feet to the POB containing 7557.47 sq. feet with an easement of 10.00 feet on the East side of said property.

“Parcel B” (Gravagna)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: Parcel B - commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25; thence run S00°19'15”E, 544.04 feet to the Point of Beginning; continue thence S00°19'15”E, 131.48 feet; thence S89°40'45”W, 57.48 feet; thence N00°19'15”E, 131.48 feet; thence N89°40'45”E, 57.48 feet to the point of beginning containing 7557.47 sq. feet with an easement of 10.00 feet on the West side of the property.

“Parcel C” (Cairns)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of said Section 25; thence run S00°19'15”E, 412.56 feet; thence S89°40'45”W, 57.48 feet to the Point of Beginning; continue thence S89°40'45”W, 57.48 feet; thence S00°19'15”E, 131.48 feet; thence N89°40'45”E, 57.48 feet; thence N00°19'15”W, 131.48 feet to the point of beginning with an easement of 5 feet on the East side of the property per Order of Taking recorded at O.R. Book 1427, Page 1931 of the Public Records of Charlotte County, Florida.

“Parcel D” (Cairns)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of said Section 25; thence run S00°19'15”E, 412.56 feet to the Point of Beginning; continue thence S00°19'15”E, 131.48 feet; thence S89°40'45”W, 57.48 feet; thence N00°19'15”W, 131.48 feet; thence N89°40'45”E, 57.48 feet to the point of beginning; containing 7557.47 square feet with an easement of 5 feet on the West property line and 5 feet on the North property line, as per Order of Taking recorded at O.R. Book 1427, Page 1931 of the Public Records of Charlotte County, Florida.

“Parcel E” (Cristina)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of said Section 25; thence run S00°19'15”E, 281.08 feet, thence S89°40'45”W, 57.48 feet to the Point of Beginning; continue thence S89°40'45”W, 57.48 feet, thence S00°19'15”E, 131.48 feet; thence N89°40'45”E, 57.48 feet; thence N00°19'15”W, 131.48 feet to the point of beginning; with an easement of 10.00 feet on the East side of said property.

“Parcel K” (McNeill and Hill)
A parcel of land in Section 25, Township 40 South, Range 22 East, and more particularly described as follows: Commencing at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25; thence run S00°19'15”E, 675.52 feet; thence S89°40'45”W, 57.48 feet to the POB; continue thence S89°40'45”W, 57.48 feet, thence S00°19'15”E, 195.06 feet; thence N89°40'45”E, 57.48 feet; thence N00°19'15”W, 195.06 feet to the POB; containing 11,212.05 sq. ft. with an easement of 10.00 feet on the East side of said property.

“Parcel L” (LeBeau)
A parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, Charlotte County, FL, being more particularly described as follows: Commence at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of said Section 25; thence run S00°19'15”E, 1125.10 feet; thence S89°40'45”W, 57.48 feet to the Point of Beginning; continue thence S89°40'45”W, 57.48 feet, thence N00°19'15”W, 254.52 feet; thence N89°40'45”E, 57.48 feet; thence S00°19'15”E, 254.52 feet to the point of beginning.

“Parcel 5-1-1” (Elliott and Nolan)
A parcel of land in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, being more particularly described as follows: Begin at the NE corner of the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40 South Range 22 East; thence run S00°19'15”E, 675.52 feet for a Point of Beginning; go thence S89°40'45”W, 57.48 feet to a point, go thence S00°19'15”E, 295.06 feet to a point; go thence N89°40'45”E, 57.48 feet to a point; go thence N00°19'15”W, 295.06 feet to the point of beginning.

“Parcel 5-1-4” (LeBeau)
A certain parcel of land lying in the E ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40S, Range 22E, in Charlotte County, Florida, and being more particularly described as follows: Take for a point of reference the W ¼ section corner of said Section 25, go thence N 80°38'56”E along the South line of the N ½ of said Section 25 for 640.36 feet to the SE corner of the W ½ of the SW ¼ of the NW ¼ of said Section 25; go thence N 0°19'15”W along the East line of said W ¼ of the SW ¼ of the NW ¼ for 40.50 feet to a point on the North right-of-way line of Harborview Road; thence S 80°30'56” W along said right-of-way line 58.76 feet; thence continue along said line an additional 58.76 feet to a point; thence N 0°12'8” W, 175 feet to the point of beginning; thence continue N 0°12'8”W, 150 feet; thence N 80°40'45”E, 57.48 feet, more or less, to a point; thence S 0°12'8” E 150 feet; thence S 89°40'45”W, 57.48 feet to the point of the beginning.

“Parcel 5-1-3” (Nick's Custom Trim)
A certain parcel of land lying in the East ½ of the W ½ of the SW ¼ of the NW ¼ of Section 25, Township 40 South, Range 22 East, in Charlotte County, Florida, and being more particularly described as follows: Take for a point of reference the W ¼ Section corner of said Section 25, go thence N 80°38'56”E along the South line of the North ½ of said Section 25 for 640.36 feet to the SE corner of the W ½ of the SW ¼ of the NW ¼ of said Section 25; go thence N 0°19'15” W along the East line of said W ½ of SW ¼ of NW ¼ for 40.50 feet to a point on the North R/O/W line of Harbor View Road; thence S 80°30'56”W along said R/O/W line 58.76 feet for a point of beginning; continue along said line 58.76 feet to a point; thence N 0°12'08”W, 175 feet to a point; thence N 89°40'45” E, 57.48 feet more or less to a point; thence S 0°12'08”E, 170.00 feet more or less to the point of beginning, a point on the North R/W line of Harbor View Road; together with a non-exclusive easement running 10 feet on both sides of a center line described as running N 0°19'15” W, 170 feet more or less from the SE corner of the above described property.

“Parcel 5-1” (Stainton)
A certain parcel of land lying in the East ½ of West ½ of the SW ¼ of the NW ¼ of Section 25, Township 40 South, Range 22 East, in Charlotte County, Florida, and being more particularly described as follows: Take for a point of reference the W ¼ Section corner of said Section 25, go thence N 80°38'56”E along the South line of the North ½ of said Section 25 for 640.36 feet to the SE corner of the W ½ of the SW ¼ of the NW ¼ of said Section 25; go thence N 0°19'15” W along the East line of said W ½ of SW ¼ of NW ¼ for 40.50 feet to a point on the North R/O/W line of Harbor View Road for a point of beginning; continue along the same line 308.07 feet to a point; thence S89°40'45”W 57.48 feet to a point; thence S0°12'08”E, 320 feet more or less, to a point on the North R/O/W line of Harbor View Road; thence N80°38'56”E 58.76 feet to the Point of Beginning; together with a non-exclusive easement running 10 feet on both sides of a center line described as running N 0°19'15” W, 320 feet more or less from the SW corner of the above described property.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on the Plaintiff's Attorney, Jason T. Gaskill, Esquire, whose address is Adams and Reese LLP, 1515 Ringling Boulevard, Suite 700, Sarasota, Florida 34236 on or before August 1, 2015 or within thirty (30) days after first publication of the notice and file the original with the Clerk of the above-styled 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 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.
DATED on June 26, 2015.
BARBARA T. SCOTT
CLERK OF CIRCUIT COURT
(SEAL) By: J. Kern
Deputy Clerk
Jason T. Gaskill, Esquire
Adams and Reese LLP,
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
July 3, 10, 17, 24, 2015 15-00633T

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