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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL DISTRICT IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2016 CA 1345
VALLEY NATIONAL BANK,
Plaintiff, v.
BRADEN RIVER INVESTMENTS, L.L.C.; SAMUEL BROWN; CARL WAGNER; CATHERINE S. J. WAGNER; PAULA MCLOUD; MARSHALL'S BRADEN RIVER MOBILE HOME PARK, INC.; MARSHALL'S LANDING COMMUNITY ASSOCIATION, INC.; PALM BEACH GARDENS CONSTRUCTION, INC.; and PHILIP P. NADEAU,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure entered in this cause, in the Circuit Court for Manatee County, Florida, Angelina “Angel” Colonneso, the Clerk of the Circuit Court of Manatee County, Florida, will sell the following (1) real property situated in Manatee County, Florida:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA; THENCE SOUTH, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 320.00 FEET TO THE INTERSECTION WITH THE CENTERLINE OF ONECO ROAD; THENCE N 89°58'00” W. ALONG SAID CENTERLINE, A DISTANCE OF 2302.90 FEET; THENCE S 00°08'55” W. A DISTANCE OF 132.01 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 70 (SECTION 13160- 2516) FOR A POINT OF BEGINNING; SAID POINT ALSO BEING A POINT ON THE ARC OF A CURVE TO THE RIGHT, WHOSE RADIUS POINT LIES N 04°50'40” E, A RADIAL DISTANCE OF 5,861.58 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 01°04'46”, A DISTANCE OF 110.43 FEET TO THE POINT OF TANGENCY; THENCE N 84°04'34” W, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 220.57 FEET TO THE INTERSECTION WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 15; THENCE N 00°09'15” E, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 62.25 FEET; THENCE N 81°33'02” W, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD NO. 70, AS DESCRIBED AND RECORDED IN O.R. BOOK 1478, PAGE 1581, PUBLIC RECORDS OF MANATEE COUNTY FLORIDA, A DISTANCE OF 82.05 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING A RADIUS OF 3,199.04 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTHERLY RIGHT OF WAY LINE IN O.R. BOOK 1478, PAGE 1581, THROUGH A CENTRAL ANGLE OF 04°22'57”, A DISTANCE OF 244.69 FEET; THENCE N 89°13'30” W, A DISTANCE OF 225.98 FEET; THENCE N 89°59'00” W, ALONG SAID SOUTHERLY RIGHT OF WAY LINE IN O.R. BOOK 1478, PAGE 1581, A DISTANCE OF 29.00 FEET TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE BRADEN RIVER (ELEVATION 1.17 FEET NGVD 1929); THENCE ALONG SAID MEAN HIGH WATER LINE OF THE BRADEN RIVER AND THE MEAN HIGH WATER LINE OF BRADEN RIVER (INLET), THE FOLLOWING SEVENTY-FIVE (75) COURSES; (1) S 23°24'15” E, A DISTANCE OF 15.91 FEET; (2) S 23°00'03” E, A DISTANCE OF 48.64 FEET; (3) S 68°03'43” W, A DISTANCE OF 11.10 FEET; (4) S 21°30'45” E, A DISTANCE OF 33.00 FEET; (5) S 22°05'12” E, A DISTANCE OF 27.85 FEET; (6) S 32°31'49” E, A DISTANCE OF 14.51 FEET; (7) S 34°47'49” E, A DISTANCE OF 19.71 FEET; (8) S 35°39'45” E, A DISTANCE OF 118.79 FEET; (9) N 54°21'26” E, A DISTANCE OF 13.13 FEET; (10) S 38°23'05” E, A DISTANCE OF 7.85 FEET; (11) S 34°29'27” E, A DISTANCE OF 64.86 FEET; (12) S 37°58'55” E, A DISTANCE OF 47.95 FEET; (13) S 43°43'56” E, A DISTANCE OF 39.44 FEET; (14) S 28°26'36” E, A DISTANCE OF 12.05 FEET; (15) S 60°53'19” E, A DISTANCE OF 37.62 FEET; (16) S 48°06'38” E, A DISTANCE OF 32.34 FEET; (17) S 52°14'52” E, A DISTANCE OF 43.25 FEET; (18) S 47°23'50” E, A DISTANCE OF 79.98 FEET; (19) S 48°52'56” E, A DISTANCE OF 115.13 FEET; (20) S 50°10'59” E, A DISTANCE OF 124.19 FEET; (21) S 53°17'17” E, A DISTANCE OF 102.75 FEET;(22) S 56°51'08” E, A DISTANCE OF 44.25 FEET; (23) S 56°42'09” E, A DISTANCE OF 27.69 FEET; (24) S 35°19'03” E, A DISTANCE OF 25.40 FEET; (25) S 47°36'33” E, A DISTANCE OF 15.32 FEET; (26) S 64°42'55” E, A DISTANCE OF 25.21 FEET; (27) S 48°25'08” E, A DISTANCE OF 36.89 FEET; (28) S 84°43'02” E, A DISTANCE OF 2.84 FEET; (29) S 54°26'30” E, A DISTANCE OF 35.24 FEET; (30) S 51°12'42” E, A DISTANCE OF 33.63 FEET; (31) S 46°31'17” E, A DISTANCE OF 18.47 FEET; (32) S 52°36'28” E, A DISTANCE OF 8.55 FEET; (33) S 80°27'32” E, A DISTANCE OF 15.99 FEET; (34) S 67°47'04”E, A DISTANCE OF 20.22 FEET; (35) N 52°47'28” E, A DISTANCE OF 11.32 FEET; (36) N 52°01'26” E, A DISTANCE OF 36.62 FEET; (37) N 64°45'09” E, A DISTANCE OF 19.57 FEET; (38) N 62°48'06” E, A DISTANCE OF 36.89 FEET; (39) N 70°45'39” E, A DISTANCE OF 39.80 FEET; (40) N 83°05'43” E, A DISTANCE OF 56.98 FEET; (41) S 89°20'40” E, A DISTANCE OF 62.08 FEET; (42) S 80°47'25” E, A DISTANCE OF 24.94 FEET; (43) S 54°02'03” E, A DISTANCE OF 20.26 FEET; (44) S 58°33'08” E, A DISTANCE OF 37.47 FEET; (45) S 56°34'54” E, A DISTANCE OF 121.69 FEET; (46) S 62°42'50” E, A DISTANCE OF 88.18 FEET; (47) S 58°15'15” E, A DISTANCE OF 56.44 FEET; (48) S 78°12'22” E, A DISTANCE OF 20.96 FEET; (49) S 69°13'40” E, A DISTANCE OF 53.74 FEET; (50) S 83°38'57” E, A DISTANCE OF 51.75 FEET; (51) N 78°47'23” E, A DISTANCE OF 44.96 FEET; (52) N 62°09'34” E, A DISTANCE OF 31.77 FEET; (53) N 49°15'21” E, A DISTANCE OF 20.40 FEET; (54) N 41°44'59” E, A DISTANCE OF 34.08 FEET; (55) N 24°36'52” E, A DISTANCE OF 49.73 FEET; (56) N 13°28'23” E, A DISTANCE OF 49.03 FEET; (57) N 00°56'38” W, A DISTANCE OF 60.71 FEET; (58) N 01°37'34” W, A DISTANCE OF 73.26 FEET; (59) N 22°39'43” W, A DISTANCE OF 173.95 FEET; (60) N 42°22'14” W, A DISTANCE OF 51.31 FEET; (61) N 49°30'48” W, A DISTANCE OF 91.38 FEET; (62) N 65°03'56” W, A DISTANCE OF 18.28 FEET; (63) N 74°55'08” W, A DISTANCE OF 79.60 FEET; (64) S 85°52'25” W, A DISTANCE OF 73.85 FEET; (65) N 87°10'41” W, A DISTANCE OF 76.97 FEET; (66) S 87°55'33” W, A DISTANCE OF 55.02 FEET; (67) S 85°54'45” W, A DISTANCE OF 62.14 FEET; (68) S 87°22'18” W, A DISTANCE OF 51.26 FEET; (69) S 87°58'29” W, A DISTANCE OF 69.66 FEET; (70) N 88°42'40” W, A DISTANCE OF 66.75 FEET; (71) N 75°58'03” W, A DISTANCE OF 61.23 FEET; (72) N 58°01'06” W, A DISTANCE OF 32.98 FEET; (73) N 20°52'54” W, A DISTANCE OF 2.12 FEET; (74) N 02°31'29” E, A DISTANCE OF 72.07 FEET; (75) N 04°29'48” E, A DISTANCE OF 15.43 FEET TO THE INTERSECTION WITH THE WEST LINE OF TRACT “A”, RIVER LANDINGS CENTRE WEST SUBDIVISION, AS RECORDED IN PLAT BOOK 35, PAGE 15 THROUGH 18 OF SAID PUBLIC RECORDS; THENCE N 00°08'55” E, ALONG SAID WEST LINE AND THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD NO. 70 (SECTION 13160-2516), A DISTANCE OF 191.61 FEET TO THE POINT OF BEGINNING. BEING AND LYING IN SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.
CONTAINING 784,908 SQUARE FEET OR 18.019 ACRES, MORE OR LESS.
Also described as:
PARCEL 1:
THAT PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, LYING AND BEING SOUTH OF THE ONECO-ARCADIA ROAD, AND EAST OF THE CHANNEL OF BRADEN RIVER MANATEE COUNTY, FLORIDA.
PARCEL 2:
FROM THE NW CORNER OF THE NE 1/4 OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, GO SOUTHERLY ALONG THE WEST LINE OF SAID NE 1/4, A DISTANCE OF 363 FEET TO A POINT ON THE SOUTHERLY SIDE OF R/W OF STATE HIGHWAY 70 FOR A P.O.B.; THENCE CONTINUE SOUTHERLY ALONG SAID WEST LINE A DISTANCE OF 627 FEET TO A CONCRETE MONUMENT AT THE SHORE OF BRADEN RIVER; THENCE MEANDER THE SAID SHORE OF BRADEN RIVER, A DISTANCE OF 414 FEET MORE OR LESS TO A POINT WHICH IS 330 FEET EAST OF THE SAID WEST LINE OF NE 1/4, SECTION 15; THENCE GO NORTHERLY PARALLEL TO AND 330 FEET EAST OF SAID WEST LINE OF NE 1/4, A DISTANCE OF 865 FEET, MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF R/W OF STATE HWY. #70; THENCE GO WESTERLY ALONG THE SOUTH LINE OF SAID R/W, A DISTANCE OF 212.45 FEET TO A POINT WHICH IS THE P.C. OF A CURVE TO THE SAID R/W OF HWY. 70; THENCE FOLLOW SAID CURVE IN A WESTERLY AND NORTHWESTERLY DIRECTION ALONG THE SAID SOUTHERLY R/W LINE OF HWY. 70, A DISTANCE OF 117.66 FEET TO THE P.O.B.
PARCEL 3:
COMMENCE AT THE NE CORNER OF SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 15, 320.00 FEET TO THE CENTERLINE OF ONECO ROAD; THENCE N. 89°58'W., ALONG THE CENTERLINE OF ONECO ROAD 2302.9 FEET TO A POINT ON SAID CENTERLINE WHICH IS 330.00 FEET FROM THE WEST LINE OF THE NE 1/4 OF SAID SECTION 15; THENCE S. 0°10'W. (330.00 FEET FROM AND PARALLEL TO SAID QUARTER-SECTION LINE) FOR 380.00 FEET FOR P.O.B. THENCE S. 89°58'E. 700.00 FEET; THENCE S. 32°01'33” E. 400.00 FEET; THENCE S. 9°43'47” W. 280.00 FEET; THENCE S. 67°56'18” W., 320.00 FEET; THENCE N. 58°57'50” 490.00 FEET; THENCE S. 58°30'31” W. 175.97 FEET; THENCE N. 0°10' E. 575.00 FEET TO THE P.O.B.
BEING AND LYING IN SECTION 15, TOWNSHIP 35 SOUTH, RANGE 18 EAST, MANATEE COUNTY, FLORIDA.
Less:
Lot 14, Marshall's Landing, a Subdivision as per Plat thereof recorded in Plat Book 52, Page 177, of the Public Records of Manatee County, Florida.
Lot 8, Marshall's Landing, a Subdivision according to the plat thereof as recorded in Plat Book 52, Pages 177 through 184, inclusive, of the Public Records of Manatee County, Florida.
Lot 3, MARSHALL'S Landing, a Subdivision, according to the plat thereof as recorded in Plat Book 52, Pages 177 through 184, inclusive, of the Public Records of Manatee County, Florida.
The real properties described above bear the following Tax ID Nos.:
1733100559; 1733100609; 1733100709; 1733100759; 1733100809; 1733100859; 1733100959; 1733101009; 1733101059; 1733101109; 1733101159; 1733101259; 1733101309; 1733101359; 1733101409; 1733101459; 1733101509; 1733101559; 1733101609; 1733101659; 1733101709; 1733101759; 1733101809; 1733101859; 1733101909; 1733101959; 1733102009; 1733102059; 1733102109; 1733102159; 1733102209; 1733102259; 1733102309; 1733102359; 1733102409; 1733102459; 1733102509; 1733102559; 1733102609; 1733102659
and (2) the personal property described below:
Exhibit “B”
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other material now or hereafter on the property described in Exhibit “A” (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every kind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Debtor, together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein; together with all proceeds, additions and accessions thereto and replacements thereof.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and 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 liners, including mains, lateral, manholes and appurtenances.
All paving for streets, roads, walkways or entranceways now or hereafter owned by Debtor and which are now or hereafter located on the Property or any part or parcel thereof.
All of Debtor's 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 Debtor during the life of the security agreements or any extension or renewal thereof, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or deposits and advance rentals.
Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property described in Exhibit “A” or in this exhibit.
All of the right, title and interest of the Debtor in and to all unearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property described in Exhibit “A” or herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the property.
All of the right, title and interest of the Debtor in and to any 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 Exhibit “A” Property.
All of the Debtor's interest in all utility security deposits or bonds on the Exhibit “A” Property or any part or parcel thereof.
All contracts and contract rights, general intangibles and accounts receivables now or hereafter owned or entered into by the Debtor in connection with development, construction upon or operation of the Property.
All of the Debtor's interest in and arising out of any Contracts for the Purchase and Sale of individual residential dwellings located or to be located upon the Property, together with all deposits heretofore paid or hereafter paid or payable pursuant to or in connection with any Sales Contracts and together with all Operating and Management Contracts, Engineer's and/or Architect's Contracts, Drawings, Plans, Specifications, Licenses, Permits, Approvals, Development and Density Rights, General Contracts, AIA Contracts, Addenda and Modifications, Development and Purchase and Sale Agreement(s), DRI Development Order(s); and all amendments thereto, and further together with all of the Debtor's current and future direct and indirect voting rights in any homeowners/community association which may have been or be formed to operate and/or maintain the improvements located or to be located on the Property.
at public sale, on Wednesday, January 18, 2017, at 11:00 a.m., to the highest bidder for cash, at www.manatee.realforeclose.com.
A 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 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 Manatee County Jury Office, P.O. Box 25400, Bradenton, Florida 34206, (941) 741-4062, 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.
Respectfully submitted,
JONES WALKER, LLP Counsel for Plaintiff
201 South Biscayne Boulevard,
Suite 2600
Miami, Florida 33131
Tel. (305) 679-5700
Fax (305) 679-5710
Email:
[email protected]
By: /s/ Ronald D. P. Bruckmann
Ben H. Harris, III, Esquire
Florida Bar No. 0049866
Michael Anthony Shaw, Esquire
Florida Bar No. 0018045
Ronald D. P. Bruckmann, Esquire
Florida Bar No. 0084912
{M1272501.1}
December 23, 30, 2016 16-01659M