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NOTICE OF ACTION
in the circuit court of
the TWENTIETH judicial
circuit in and for LEE county, FLORIDA
civil DIVISION
Case No. 16-CA-000084
KLINE PROPERTIES, INC.,
a Florida corporation,
Plaintiff, v.
UNKNOWN TRUSTEES of that AGREEMENT OF THE 3RD DAY OF NOVEMBER, 1971, UNRECORDED,
Defendant.
TO: UNKNOWN TRUSTEES of that AGREEMENT OF THE 3RD DAY OF NOVEMBER, 1971, UNRECORDED
YOU ARE NOTIFIED that an action to quiet title on the following property in Lee County, Florida:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
A PARCEL OF LAND LYING WITHIN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2905, PAGE 365 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, LYING ABOVE THE MEAN HIGH WATER LINE AS ESTABLISHED IN FINAL JUDGEMENT IN THE CIRCUIT COURT IN AND FOR LEE COUNTY, FLORIDA, CIVIL DIVISION. CASE NUMBER 12-CA-000183; KLINE PROPERTIES, INC. VERSUS BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 24 EAST; THENCE RUN S 01°2-0'13” E FOR 1325.61 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE RUN N 88°39'47” E FOR 50.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 88°39'47” E FOR 135.45 FEET ALONG THE NORTH LINE OF LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2905, PAGE 365 TO A POINT ON THE MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE FOR THE FOLLOWING FIFTEEN (15) CALLS: 1) S 70” 33' 28” E FOR A DISTANCE OF 8.11 FEET, 2) S 65° 33' 59” E FOR A DISTANCE OF 8.74 FEET, 3) S 71° 47' 26” E FOR A DISTANCE OF 21.09 FEET, 4) S 73° 42' 28” E FOR A DISTANCE OF 28.29 FEET, 5) S 71° 49' 41” E FOR A DISTANCE OF 3.03 FEET, 6) S 71° 03' 09” E FOR A DISTANCE OF 21.04 FEET, 7) S 67° 33' 00” E FOR A DISTANCE OF 10.32 FEET, 8) S 70° 23' 43” E FOR A DISTANCE OF 9.34 FEET, 9) S 74Ëš 05' 10” E FOR A DISTANCE OF 11.50 FEET, 10) S 74° 32' 38” E FOR A DISTANCE OF 12 .66 FEET, 11} S 75° 58' 42” E FOR A DISTANCE OF 7.63 FEET, 12) S 77° 09' 49” E FOR A DISTANCE OF 23.37 FEET, 13) S 86° 27' 23” E FOR A
DISTANCE OF 6.34 FEET, 14) S 86° 43' 45'' E FOR A DISTANCE OF 34.42 FEET, 15) S 86” 49' 54” E FOR A DISTANCE OF 16.86 FEET TO THE MEAN HIGH WATER LINE AS DETERMINED BASED ON 1953 USDA AERIAL IMAGERY; THENCE N 53°14'57” E ALONG SAID LINE FOR 99.31 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2905, PAGE 365, PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE N 88°39'47” E ALONG SAID NORTH LINE FOR 257.56 FEET TO THE MEAN HIGH WATER LINE AS DETERMINED BASED ON 1953 USDA AERIAL IMAGERY; THENCE S 05°24'43” E FOR 71.53 FEET TO THE MEAN HIGH WATER LINE; THENCE ALONG THE MEAN HIGH WATER LINE FOR THE FOLLOWING NINETY SEVEN (97) CALLS: 1) N 82° 32' 06” E FOR A DISTANCE OF 10.34 FEET, 2) N 84” 57' 27” E FOR A DISTANCE OF 20.18 FEET, 3) N 82” 40' 52” E FOR A DISTANCE OF 18.06 FEET, 4) N 77Ëš 45' 38” E FOR A DISTANCE OF 7.39 FEET, 5) N 70° 19' 04” E FOR A DISTANCE OF 10.47 FEET, 6) N 69° 03' 48” E FOR A DISTANCE OF 14.76 FEET, 7) N 67° 31' 25” E FOR A DISTANCE OF 18.85 FEET, 8) N 66° 48' 17” E FOR A DISTANCE OF 9.01 FEET, 9) N 64 00' 40” E FOR A DISTANCE OF 6.09 FEET, 10) N 52° 42' 48” E FOR A
DISTANCE OF 2.53 FEET, 11) N 69° 04' 47” E FOR A DISTANCE OF 33.36 FEET, 12) N 70° 05' 34” E FOR A DISTANCE OF 15.63 FEET,13) N 77° 30' 36” E FOR A DISTANCE OF 104.55 FEET, 14) N 79” 19' 52” E FOR A DISTANCE OF 27.82 FEET, 15) N 82° 33' 21” E FOR A DISTANCE OF 10.51 FEET, 16) S 88” 34' 23” E FOR A DISTANCE OF 14.62 FEET, 17) S 38° 21' 19” E FOR A DISTANCE OF 8.15 FEET, 18) S 10Ëš 58' 33” E FOR A DISTANCE OF 9.87 FEET, 19) S 03Ëš 43' 18” W FOR A DISTANCE OF 11.50 FEET, 20) S 09° 17' 49” E FOR A DISTANCE OF 19.32 FEET, 21) S 19Ëš 36' 30” E FOR A DISTANCE OF 17.16 FEET, 22) S 40Ëš 32' 49” E FOR A
DISTANCE OF 7.53 FEET, 23) S 04Ëš 35' 23” E FOR A DISTANCE OF 28.19 FEET, 24) S 02Ëš 30' 43” E FOR A DISTANCE OF 29.16 FEET, 25) S 02° 16' 47” W FOR A DISTANCE OF 21.30 FEET, 26) S 05Ëš 15' 45” W FOR A DISTANCE OF 18.02 FEET, 27) S 16° 36' 50” W FOR A DISTANCE OF 24.18 FEET, 28) S 31Ëš 05' 38” W FOR A DISTANCE OF 28.50 FEET, 29) S 50Ëš 03' 13” W FOR A DISTANCE OF 28.65 FEET, 30) S 73Ëš 44' 18” W FOR A FOR A DISTANCE OF 4.38 FEET, 47) N 71Ëš 09' 36” W FOR A DISTANCE OF 1.92 FEET, 48) S 50Ëš 11' 26” W FOR A DISTANCE OF 31.43 FEET, 49) S 39° 29' 30” W FOR A DISTANCE OF 17 .46 FEET, 50) S 45Ëš 02' 30” W FOR A DISTANCE OF 31.17 FEET, 51) S 69Ëš 55' 49” W FOR A DISTANCE OF 27.44 FEET, 52) S 77° 48' 23” W FOR A DISTANCE OF 31.87 FEET, 53) S 84° 54' 53” W FOR A DISTANCE OF 24.31 FEET, 54) S 11° 10' 36” W FOR A DISTANCE OF 2.67 FEET, 55) S 82° 32' 30” W FOR A DISTANCE OF 8.55 FEET, 56) S 82° 39' 04” W FOR A DISTANCE OF 9.18 FEET, 57) S 83° 45' 22” W FOR A DISTANCE OF 9.01 FEET, 58) S 85Ëš36' 45” W FOR A DISTANCE OF 6.65 FEET, 59) S 87° 20' 10” W FOR A DISTANCE OF 8.58 FEET, 60) N 89° 57' 31” W FOR A DISTANCE OF 10.71 FEET, 61) N 85Ëš 09' 16” W FOR A DISTANCE OF 9.65 FEET, 62) N 80° 41' 41” W FOR A DISTANCE OF 8.34 FEET, 63) N 79° 36' 57” W FOR A DISTANCE OF 9.87 FEET,64) N 78° 44' 29” W FOR A DISTANCE OF 10.07 FEET, 65) N 76Ëš 07' 43” W FOR A DISTANCE OF 9.61 FEET, 66) N 72° 19' 02” W FOR A DISTANCE OF 10.00 FEET, 67) N 69° 34' 41” W FOR A DISTANCE OF 8.86 FEET, 68) N 70Ëš 18' 13” W
FOR A DISTANCE OF 10.23 FEET, 69) N 68° 58' 26” W FOR A DISTANCE OF 9.65 FEET, 70) N 70° 48' 02” W FOR A DISTANCE OF 9.53 FEET, 71) N 72Ëš 26' 54” W FOR A DISTANCE OF 9.13 FEET, 72) N 81° 18' 23” W FOR A DISTANCE OF 9.37 FEET, 73) N 84Ëš 39' 08” W FOR A DISTANCE OF 11.74 FEET, 74) N 89° 01' 34” W FOR A DISTANCE OF 8.53 FEET, 75) s 86° 31' 35” W FOR A DISTANCE OF 47.24 FEET, 76) S 85° 40' 29” W FOR A DISTANCE OF 11.97 FEET, 77) S 83° 22' 48” W, FOR A DISTANCE OF 9.32 FEET, 78) S 82° 45' 02” W FOR A DISTANCE OF 6.11 FEET, 79) S 56° 37' 28” W FOR A DISTANCE OF 27.53 FEET, 80) S 46° 45' 41” W FOR A DISTANCE OF 10.01 FEET, 81) S 17Ëš 34' 00” W FOR A DISTANCE OF 9.35 FEET, 82) S 08° 38' 58” W FOR A DISTANCE OF 9.94 FEET, 83) S 01° 48' 05” E FOR A DISTANCE OF 9.70 FEET, 84) S 15° 30' 40” E FOR A DISTANCE OF 10.38 FEET, 85) S 17° 18' 48” E FOR. A DISTANCE OF 9.24 FEET, 86) S 27° 48' 18” E FOR A DISTANCE OF 8.10 FEET, 87) S 29Ëš 07' 32” E FOR A DISTANCE OF 7.30 FEET, 88) S 29” 58' 00” E FOR A DISTANCE OF 7.69 FEET, 89) S 30° 07' 39” E FOR A DISTANCE OF 7.04 FEET, 90) S 40° 04' 23” E FOR A DISTANCE OF 7.32 FEET, 91) S 51° 04' 42” E FOR A DISTANCE OF 28.45 FEET, 92) S 58”Ëš33' 22” E FOR A DISTANCE OF 12.62 FEET, 93) S 32Ëš 04' 11” E FOR A DISTANCE OF 11.17 FEET, 94) S 11° 10' 05” E FOR A DISTANCE OF 14.97 FEET; 95) S 38° 56' 15” W FOR A DISTANCE OF 19.05 FEET,96) S 51° 49' 05” W FOR A DISTANCE OF 15.60 FEET, 97) S 58° 31' 53” W FOR A DISTANCE OF 7.70 FEET TO THE NORTH END OF A HEADLAND TO HEADLAND LINE; THENCE S 04° 54' 05” W ALONG SAID LINE FOR A DISTANCE OF 265.96 FEET TO THE SOUTH END OF SAID LINE, ALSO BEING A POINT ON THE MEAN HIGH WATER LINE; THENCE ALONG SAID MEAN HIGH WATER LINE FOR THE FOLLOWING TWELVE (12) CALLS; 1) S 26° 12' 16” W FOR A DISTANCE OF 6.39 FEET, 2) S 75Ëš 09' 27” W FOR A DISTANCE OF 21.90 FEET, 3) S 77” 33' 30” W FOR A DISTANCE OF 12.04 FEET, 4) S 79° 55' 48” W FOR A DISTANCE. OF 13.24 FEET, 5) S 83° 08' 42” W FOR A DISTANCE OF 11.65 FEET, 6) S 84° 20' 34” W FOR A DISTANCE OF 13.25 FEET, 7) S 83” 30' 23” W FOR A DISTANCE OF 60.17 FEET, 8) S 84Ëš 20' 10” W FOR A DISTANCE OF 20.05 FEET, 9) S 84Ëš 20' 59” W FOR A DISTANCE OF 14.08 FEET, 10) N 73Ëš 33' 15” W FOR A DISTANCE OF 16.97 FEET, 11) N 00Ëš 40' 26” E FOR A DISTANCE OF 2.59 FEET, 12) S 88Ëš 34' 50” W FOR A DISTANCE OF 5.31 FEET;THENCE N 01° 20' 13” W ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN INSTRUMENT NUMBER 2013000148801, PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FOR A DISTANCE OF 287.14 FEET; THENCE S 88° 39' 47” W ALONG THE NORTH LINE OF SAID PARCEL FOR A DISTANCE OF 158.43 FEET TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD NUMBER S-865 (SAN CARLOS BOULEVARD) (100 FEET WIDE); THENCE N 01° 20' 41” W ALONG THE SAID EASTERLY RIGHT OF WAY LINE FOR A DISTANCE OF 411.30 FEET TO THE POINT OF BEGINNING;
CONTAINING 341,726.69 SQUARE FEET OR 7.84 ACRES MORE OR LESS
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on J. Matthew Belcastro, Plaintiff's attorney, of the law firm of Henderson, Franklin, Starnes & Holt, P.A., whose address is 1715 Monroe Street, Post Office Box 280, Fort Myers, Florida 33902, on or before March 7, 2016, 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 26 day of Jan., 2016.
Linda Doggett
Clerk of Court
(SEAL) By: K. Muri
Deputy Clerk
J. Matthew Belcastro
Plaintiff's attorney
Henderson, Franklin,
Starnes & Holt, P.A.,
1715 Monroe Street
Post Office Box 280,
Fort Myers, Florida 33902
Jan. 29; Feb. 5, 12, 19, 2016 16-00235L