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NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 15-CA-001785
COVE ONE, LLC; COVE FIVE, LLC; JOHN SHALAM, AS TRUSTEE OF THE JJS 2007 TRUST, HAROLD G. BAGWELL, HAB SW FLORIDA, LLC, and SOUTH GULF COVE VENTURES, LLC,
Plaintiffs, v.
GREGORY W. EAGLE, individually and as TRUSTEE OF THE SOUTH GULF COVE LAND TRUST DATED AUGUST 30, 2002; GREGORY W. EAGLE, P.A.; BRIAN J. MAYER; JONATHAN MAYER; MAUREEN MAYER; RUTH HALKUFF; HOWARD M. MAYER, individually as trustee of an unknown trust; JUDITH D. MAYER, individually as trustee of an unknown trust; HENRY W. DIXON TRUST; JOHN DIXON, individually as trustee of an unknown trust; KATHLEEN DIXON, individually as trustee of an unknown trust; MICHAEL WAYNE, individually as trustee of an unknown trust; LAWRENCE E. PADLO a/k/a LAWRENCE E. PADILO, individually as trustee of an unknown trust; and ANY PAST OR PRESENT UNKNOWN BENEFICIARIES OF THE SOUTH GULF COVE LAND TRUST DATED AUGUST 30, 2002,
Defendants.
TO: ANY PAST OR PRESENT UNKNOWN BENEFICIARIES OF THE SOUTH GULF COVE LAND TRUST DATED AUGUST 30, 2002, IF ALIVE, AND IF DEAD, HIS/HER UNKNOWN HEIRS, DEVISEES, ASSIGNEES, GRANTEES AND ALL OTHER PARTIES CLAIMING BY THROUGH, UNDER OR AGAINST THEM; AND ALL PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED.
YOU ARE NOTIFIED that an action to quiet title to the following property in Charlotte County, Florida:
See Exhibit A attached hereto
EXHIBIT A
Legal Description
of the Property
Parcel One:
See attached as Exhibit “A-1” hereto, consisting of 71 South Gulf Cove lots.
Parcel Two:
Parcel A:
A parcel of land lying in Sections 10 and 15, Township 41 South, Range 21 East, Charlotte County, Florida, and being more particularly described as follows:
All of Blocks 5225, 5226, 5227 and 5228, Port Charlotte Subdivision, Section 97, according to the plat thereof as recorded in Plat Book 10, Pages 13A through 13G, of the Public Records of Charlotte County, Florida, which Plat has been vacated by Resolution No. 96-370A0 and recorded in Official Records Book 1462, page 837, together with vacated Arwood Road, Hixson Terrace, Lundy Terrace, Coosa Place and St. Paul Drive according to said plat.
Parcel B:
Lands designated as “Park” lying adjacent to said Block 5225 and 5228, Port Charlotte Subdivision, Section 97, according to the Plat thereof recorded in Plat Book 10, pages 13A through 13G, Public Records of Charlotte County, Florida.
Parcel Three:
Various scattered parcels of land, as described on the Schedule attached as Exhibit “A-2” hereto, consisting of 17 Tracts.
Exhibit “A-1” Attachment
Lot 9, Block 4272, Lots 1, 3 and 18, Block 4286, PORT CHARLOTTE SUBDIVISION, SECTION 58, a subdivision according to the plat thereof recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida.
AND
Lot 5, Block 4359 and Lot 19, Block 4366, PORT CHARLOTTE SUBDIVISION, SECTION 71, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 27A through 27L, of the Public Records of Charlotte County, Florida.
AND
Lot 6, Block 4489; Lot 3, Block 4492; Lot 3, Block 4493; Lot 2, Block 4494; Lot 22, Block 4501; Lot 18, Block 4505 and Lot 22, Block 4507, PORT CHARLOTTE SUBDIVISION, SECTION 81, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 51A through 51P, of the Public Records of Charlotte County, Florida.
AND
Lot 2, Block 4421; Lot 2, Block 4428; Lots 12, 34, 43 and 50, Block 4432; Lot 35, Block 4435; Lots 5, 27 and 28, Block 4438; Lot 6, Block 4442; Lot 2, Block 4443; Lot 3, Block 4463; Lot 30, Block 4464; Lot 2, Block 4469, PORT CHARLOTTE SUBDIVISION, SECTION 82, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 52A through 52M, of the Public Records of Charlotte County, Florida.
AND
Lots 15, 29, 35 and 38, Block 4620; Lots 3 and 6, Block 4625, PORT CHARLOTTE SUBDIVISION, SECTION 85, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida.
AND
Lot 12, Block 4541; Lots 12 and 33, Block 4542; Lots 5 and 53, Block 4550; Lot 2, Block 4561; Lots 5 and 6, Block 4564; Lots 3, 16 and 22, Block 4569; Lot 24, Block 4572; Lots 2 and 16, Block 4575; Lots 23, 25, 30 and 36, Block 4580; Lots 10, 15 and 26, Block 4634; Lots 22 and 31, Block 4636; Lot 6, Block 4644; Lots 13, 15 and 25, Block 4645; Lots 5, 23 and 26, Block 4646, PORT CHARLOTTE SUBDIVISION, SECTION 87, a subdivision according to the plat thereof recorded in Plat Book 7, Pages 20A through 20N, of the Public Records of Charlotte County, Florida
AND
Lots 41 and 43, Block 4917; Lot 15, Block 4927; Lot 7, Block 4948; Lots 2, 4 and 13, Block 4949, PORT CHARLOTTE SUBDIVISION, SECTION 93, a subdivision according to the plat thereof recorded in Plat Book 9, Pages 1A through 1Z4, of the Public Records of Charlotte County, Florida.
Exhibit “A-2” Attachment
Tracts F and G, PORT CHARLOTTE SUBDIVISION, SECTION 58, a subdivision according to the plat thereof recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida.
AND
Tract C, Block 4402, PORT CHARLOTTE SUBDIVISION, SECTION 78, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida.
AND
Tract A, Block 4419, PORT CHARLOTTE SUBDIVISION, SECTION 82, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 52A through 52M, of the Public Records of Charlotte County, Florida.
AND
Tract N, Block 4591; Tract D, Block 4620, Tracts O and P, Block 4617 and Tract B, Block 4627, PORT CHARLOTTE SUBDIVISION, SECTION 85, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida.
AND
Tract J, Block 4644 and Tract E, Block 4656, PORT CHARLOTTE SUBDIVISION, SECTION 87, a subdivision according to the plat thereof recorded in Plat Book 7, Pages 20A thorough 20N, of the Public Records of Charlotte County, Florida.
AND
Tracts C, D, E, F, H and R, PORT CHARLOTTE SUBDIVISION, SECTION 93, a subdivision according to the plat thereof recorded in Plat Book 9, Pages 1A through 1Z4, of the Public Records of Charlotte County, Florida.
Exhibit “A-3” Attachment
Parcel Four:
Lots 11, 15, 35, 61, 62 and 63, Block 4250, and Tract B, PORT CHARLOTTE SUBDIVISION, SECTION 58, a subdivision according to the plat thereof recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida.
Tract F and Lot 12, Block 4415 and Tract E and Lot 12, Block 4416, PORT CHARLOTTE SUBDIVISION, SECTION 78, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida.
Lots 34, 35, 38 and 45, Block 4616, PORT CHARLOTTE SUBDIVISION, SECTION 85, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on John D. Agnew, Esq., Plaintiffs' attorney, whose address is Post Office Box 280, Fort Myers, Florida 33902, on or before 04/14/2016 and file the original with the Clerk of this court either before service on Plaintiffs' 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 March 10, 2016.
BARBARA T. SCOTT
Clerk of Court
(SEAL) By: J. Kern
As Deputy Clerk
John D. Agnew, Esq.
Henderson, Franklin,
Starnes & Holt, P.A.
P.O. Box 280
Fort Myers, FL 33902
239-344-1364
March 18, 25; April 1, 8, 2016 16-00193T