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NOTICE OF ACTION
in the circuit court of
the TWENTIETH judicial
circuit in and for LEE county, FLORIDA
civil ACTION
CASE NO. 2016-CA-000424
SUNCOAST CREDIT UNION
Plaintiff, v.
HEIRS AND DEVISEES OF THE ESTATE OF CHARLES J. BURNS, DECEASED; UNKNOWN SPOUSE OF CHARLES J. BURNS, IF ANY; UNKNOWN SPOUSES OF THE HEIRS AND DEVISEES OF THE ESTATE OF CHARLES J. BURNS, DECEASED, IF ANY; COMPASS POINTE HOMEOWNERS ASSOCIATION, INC.; and ANY UNKNOWN PERSONS IN POSSESSION,
Defendants.
TO: HEIRS AND DEVISEES OF THE ESTATE OF CHARLES J. BURNS, DECEASED; UNKNOWN SPOUSE OF CHARLES J. BURNS, IF ANY; UNKNOWN SPOUSES OF THE HEIRS AND DEVISEES OF THE ESTATE OF CHARLES J. BURNS, DECEASED, IF ANY
YOU ARE NOTIFIED that an action to foreclose a mortgage on the following property in Lee County, Florida:
See Legal Description attached hereto as EXHIBIT A.
EXHIBIT A
UNIT 416, SOUTH POINTE SUBDIVISION, LEE COUNTY, FLORIDA and more particularly described in EXHIBIT “A” attached hereto and made a part hereof.
Together with an exclusive easement over and across the “Limited Common Element” as described in Exhibit “B” and attached hereto, for the use and enjoyment of the Grantee named herein, together with an undivided interest in the Common Elements as described in the Declaration of Covenants, Conditions, Restrictions of COMPASS POINTE as recorded in Official Record Book 1520, Pages 1329 through 1386 inclusive, and as amended, in the Public Records of Lee County, Florida.
Exhibit “A”
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 21, Township 45 South, Range 24 East, and being a part of Tract #2 of South Point Subdivision as recorded in Plat Book 33 at Page 30 of the Public Records of said Lee County, and further bounded and described as follows:
Starting at a 4” x 4” concrete monument (set by Duane Hall & Associates, Inc. in December of 1979) marking the West end of a curve having a radius of 1220.00 feet, being the Southerly right-of-way line of Camelot Drive (100 feet wide) as per the plat of said South Pointe Subdivision and to which point a radial line bears N 00 degrees 24 minutes 16 seconds E; thence Easterly along said curve and said right-of-way through a central angle of 04 degrees 10 minutes 09 seconds for 88.77 feet; thence S 00 degrees 37 minutes 50 seconds E for 39.98 feet; thence N 89 degrees 22 minutes 10 seconds E for 35.00 feet to the Point of Beginning of the herein described parcel; thence continuing N 89 degrees 22 minutes 10 seconds E for 42.33 feet; thence S 00 degrees 37 minutes 50 seconds E for 16.67 feet; thence N 89 degrees 22 minutes 10 seconds E for 6.33 feet; thence S 00 degrees 37 minutes 50 seconds E for 21.33 feet; thence S 89 degrees 22 minutes 10 seconds W for 12.66 feet; thence S 00 degrees 37 minutes 50 seconds E for 0.33 feet; thence S 89 degrees 22 minutes 10 seconds W for 25.00 feet; thence N 00 degrees 37 minutes 50 seconds W for 15.67 feet; thence S 89 degrees 22 minutes 10 seconds W for 11.00 feet; thence N 00 degrees 37 minutes 50 seconds W for 22.66 feet to the Point of Beginning.
Exhibit “B”
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 21, Township 45 South, Range 24 East, and being a part of Tract #2 of South Point Subdivision as recorded in Plat Book 33 at Page 30 of the Public Records of said Lee County, and further bounded and described as follows:
Starting at a 4” x 4” concrete monument (set by Duane Hall & Associates, Inc. in December of 1979) marking the West end of a curve having a radius of 1220.00 feet, being the Southerly right-of-way line of Camelot Drive (100 feet wide) as per the plat of said South Pointe Subdivision and to which point a radial line bears N 00 degrees 24 minutes 16 seconds E; thence Easterly along said curve and said right-of-way through a central angle of 04 degrees 10 minutes 09 seconds for 88.77 feet; thence S 00 degrees 37 minutes 50 seconds E for 78.31 feet; thence N 89 degrees 22 minutes 10 seconds E for 10.00 feet to the Point of Beginning of the herein described parcel; thence N 00 degrees 37 minutes 50 seconds W for 67.30 feet to a point on a curve concave to the South having a radius of 1210.00 feet and to which point a radial line bears N 05 degrees 05 minutes 33 seconds E; thence Easterly along said curve through a central angle of 04 degrees 29 minutes 44 seconds for 94.94 feet; thence S 00 degrees 37 minutes 50 seconds E for 53.81 feet; thence S 89 degrees 22 minutes 10 seconds W for 18.00 feet to the Northeasterly corner of Unit 417; thence continuing S 89 degrees 22 minutes 10 seconds W along said Unit 417 for 2.33 feet to the Easterly line of Unit 416; thence N 00 degrees 37 minutes 50 seconds W along said Unit 416 for 21.33 feet; thence S 89 degrees 22 minutes 10 seconds W along said Unit 416 for 6.33 feet; thence N 00 degrees 37 minutes 50 seconds W along said Unit 416 for 16.67 feet; thence S 89 degrees 22 minutes 10 seconds W along said Unit 416 for 42.33 feet; thence S 00 degrees 37 minutes 50 seconds E along said Unit 416 for 22.66 feet; thence N 89 degrees 22 minutes 10 seconds E along said Unit 416 for 11.00 feet; thence S 00 degrees 37 minutes 50 seconds E along said Unit 416 for 15.67 feet; thence S 89 degrees 22 minutes 10 seconds W for 36.00 feet to the Point of Beginning
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on Shannon M. Puopolo, Plaintiff's attorney, of the law firm of Henderson, Franklin, Starnes & Holt, P.A., whose address is Post Office Box 280, Fort Myers, Florida 33902, within thirty (30) days after the first publication of the notice 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 or petition.
WITNESS my hand and seal of this Court on this 6 day of APR, 2016.
Linda Doggett
Clerk of Court
(SEAL) By: K. Perham
Deputy Clerk
Shannon M. Puopolo
Plaintiff's attorney
Henderson, Franklin,
Starnes & Holt, P.A.,
Post Office Box 280,
Fort Myers, Florida 33902
April 15, 22, 2016 16-00803L