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NOTICE OF SALE PURSUANT
TO FLORIDA STATUTES
CHAPTER 45
IN THE CIRCUIT COURT IN AND FOR THE TWELFTH JUDICIAL CIRCUIT SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2017-CA-000454 NC
WELLS FARGO BANK, N.A., a national banking association,
successor by merger to
WACHOVIA BANK, NATIONAL
ASSOCIATION,
Plaintiff, vs.
CHARLOTTE GOLF PARTNERS LIMITED PARTNERSHIP, a Florida limited partnership; d/b/a SABAL TRACE GOLF &
COUNTRY CLUB, d/b/a SABAL TRACE GOLF CLUB, d/b/a SABAL TRACE; CHARLOTTE GOLF PARTNERS, INC., a
dissolved Florida corporation; ET. AL,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to the Uniform Final Judgment of Mortgage in the above-styled cause in the Circuit Court of the Twelfth Judicial Circuit of Florida, in and for Sarasota County, Florida, the Special Master, Walter J. Driggers, III of Soldnow, LLC d/b/a Tranzon Driggers, will sell the following property, situated Sarasota County, Florida, and more particularly described as follows:
See Exhibit A hereto
Exhibit “A”
Legal description
Parcel I:
A portion of Sections 28, 29, 32 and 33, Township 39 South, Range 21 East, Sarasota County, Florida being more particularly described as follows:
Commencing at the Northwest corner of North Port Charlotte Country Club Unit One, per plat thereof recorded in Plat Book 19 at Pages 32 and 32-A through 32-C in the Public Records of Sarasota County, Florida; thence S.21°12'00”W. a distance of 80.00 feet to the Northwesterly corner of Lot 60, Block One in the aforesaid North Port Charlotte County Club Unit One; thence continue S.21°12'00”W. along the Westerly boundary line of said North Port Charlotte County Club Unit One a distance of 233.67 feet to the Point of Beginning; thence S.13°38'52”E., along said Westerly boundary line, a distance of 674.01 feet to the point of curvature of a 275.00 foot radius curve to the left, with the center point of said curve bearing N.76°21'08”E.; thence Southeasterly along the arc of said curve, and said Westerly boundary line, through a central angle of 65°22'48”, a distance of 313.80 feet to a point on the arc of said curve; thence leaving the arc of said curve, N.76°21'08”E. along said Westerly boundary line, a distance of 707.14 feet; thence S.67°08'07”E. along said Westerly boundary line, a distance of 128.83 feet; thence S.62°59'35”W., along said Westerly boundary line, a distance of 101.03 feet; thence S.76°21'08”W. along said Westerly boundary line a distance of 511.42 feet to a point on the arc of a non tangent 225.00 foot radius curve to the left, with the center point bearing S.52°35'23”E.; thence Southwesterly, Southerly and Southeasterly along the arc of said curve and said Westerly boundary line, through a central angle of 113°47'29”, a distance of 446.86 feet to a point on the arc of said curve; thence leaving the arc of said curve, N.76°21'08”E., along said Westerly boundary line, a distance of 213.08 feet; thence S.13°38'52”E., along said Westerly boundary line a distance of 330.63 feet to a point on the South line of aforesaid Section 28, Township 39 South, Range 21 East bearing S.89°31'55”E., a distance of 802.10 feet from the Southwest corner of said Section 28 which is common to the Southeast corner of Section 29, the Northeast corner of Section 32 and the Northwest corner of Section 33 all in said Township 39 South, Range 21 East; thence continue S.13°38'52”E. along said Westerly boundary of North Port Charlotte County Club Unit One a distance of 58.18 feet; thence S.44°30'00”E., along said Westerly boundary a distance of 300.40 feet to the Southeasterly corner of Lot 18, Block One, aforesaid North Port Charlotte County Club Unit One which is the most Northerly corner of North Port Charlotte County Club Unit Three, per plat thereof recorded in Plat Book 33, Pages 50 and 50A, Public Records of Sarasota County, Florida; thence along the Westerly boundary of said North Port Charlotte County Club Unit Three the following 4 courses, S.45°30'00”W. a distance of 60.00 feet; thence S. 09°08'12”E. a distance of 331.05 feet; thence S.02°52'43”W. a distance of 931.00 feet; thence S.27°52'00”W. a distance of 252.17 feet to the point of curvature of a 156.17 foot radius curve to the right, with the center point of said curve bearing N.62°08'00”W.; thence Southwesterly along the arc of said curve through a central angle of 57°12'10” a distance of 155.92 feet to a point of reverse curvature with a 275.00 foot radius curve to the left, with the center point of said curve bearing S.04°55'50”E.; thence Southwesterly along the arc of said curve and said Westerly boundary through a central angle of 64°25'44” a distance of 309.24 feet to the Southwest corner of aforesaid North Port Charlotte County Club Unit Three which is on the Northerly right-of-way line of Greenwood Avenue (100 feet wide) as platted in North Port Charlotte County Club Unit Two, per plat thereof recorded in Plat Book 26, Pages 37 and 37A through 37C, Public Records of Sarasota County, Florida; thence N.69°21'34”W. along said Northerly right-of-way line a distance of 68.97 feet to the Southeast corner of Block 3 in said North Port Charlotte County Club Unit Two; thence along the boundary of said Block 3 the following 12 courses N.15°29'25”W. a distance of 361.35 feet to the point of curvature of a 685.00 foot radius curve to the right with the center point bearing N.74°30'35”E.; thence Northerly along the arc of said curve through a central angle of 21°28'36” a distance of 256.76 feet to a point of tangency; thence N.05°59'11”E., a distance of 117.89 feet to the point of curvature of a 3,000.00 foot radius curve to the left with the center point bearing S.84°00'49”E.; thence Northerly along the arc of said curve through a central angle 05°55'49” a distance of 310.51 feet to a point of tangency; thence N.00°03'22”E. a distance of 132.71 feet to a point on the arc of a 1,260.00 foot radius non tangent curve with the center point bearing N.53°46'43”E.; thence Northwesterly along the arc of said curve through a central angle of 17°18'44” a distance of 380.72 feet; thence leaving the arc of said curve N.79°14'40”W. a distance of 148.65 feet; thence S.25°37'28”W. a distance of 76.15 feet to a point on the East line of Section 32, Township 39 South, Range 21 East bearing S.00°31'18”E. a distance of 576.55 feet from the Northeast corner of said Section 32 as referenced on the aforesaid recorded plat; thence continue S.25°37'28”W. a distance of 352.40 feet to the point of curvature of a 1,800.00 foot radius curve to the right, with a center point bearing N.64°22'32”W.; thence Southwesterly along the arc of said curve through a central angle of 21°25'11” a distance of 672.92 feet to a point of tangency; thence S.47°02'39”W. a distance of 314.34 feet; thence S.19°12'49” E. a distance of 229.37 feet to the Southwest corner of aforesaid Block 3 on the Northerly right-of-way line of Greenwood Avenue as shown on said recorded plat of North Port Charlotte County Club Unit Two; thence along the Northerly right-of-way line of Greenwood Avenue as described in Official Records Book 1697, Pages 929 and 930, Public Records of Sarasota County, Florida the following 3 courses S.70°47'11”W. a distance of 69.44 feet to the point of curvature of a 350.00 foot radius curve to the right with the center point bearing N.19°12'49”W.; thence Westerly along the arc of said curve through a central angle of 39°53'10” a distance of 243.65 feet to a point of tangency; thence N.69°19'39”W. a distance of 1041.94 feet; thence leaving the right-of-way of Greenwood Avenue N.22°14'25”W. a distance of 232.52 feet; thence N.05°09'40”E. a distance of 133.96 feet; thence N.09°47'12”E. a distance of 637.41 feet; thence N.00°27'44”W. a distance of 252.77 feet; thence N.00°07'11”W. a distance of 230.00 feet; thence N.42°58'51”W. a distance of 196.78 feet; thence S.89°14'59”W. a distance of 85.60 feet; thence N.42°12'50”W., a distance of 109.58 feet; thence N.23°18'07”W., a distance of 150.51 feet; thence N.65°05'38”W. a distance of 109.88 feet; thence N.20°00'36”W. a distance of 69.50 feet; thence N.05°33'24”E. a distance of 92.98 feet; thence N.31°38'55”E. a distance of 122.29 feet; thence N.51°57'16”E., a distance of 77.05 feet; thence N.14°47'40”E. a distance of 125.91 feet; thence N.38°14'00”E. a distance of 60.72 feet; thence N.24°07'41”W, a distance of 386.77 feet; thence N.05°55'09”E. a distance of 164.43 feet; thence N.88°58'08”W. a distance of 227.04 feet; thence S.39°01'51”W. a distance of 217.73 feet; thence S.82°22'06”W. a distance of 608.57 feet; thence S.89°17'43”W. a distance of 28.34 feet; thence S.44°21'26”W. a distance of 50.00 feet; thence N.45°48'39”W. a distance of 249.21 feet; thence S.89°59'18”W. a distance of 69.98 feet; thence N.62°19'34”W. a distance of 87.07 feet to a point on the arc of a 3,136.58 foot radius curve with the center point bearing S.84°15'00”E.; thence Northerly along the arc of said curve through a central angle of 04°29'49” a distance of 246.18 feet; thence S.79°45'11”E. radial to the last curve a distance of 76.60 feet to a point on the arc of a 290.00 foot radius curve with the center point bearing S.79°45'11”E.; thence Northeasterly along the arc of said curve through a central angle of 49°34'49” a distance of 250.95 feet thence N.59°49'38”E. a distance of 476.48 feet; thence S.81°06'29”E. a distance of 281.17 feet; thence N.52°22'52”E. a distance of 236.57 feet; thence N.18°50'44”W. a distance of 162.44 feet; thence N.18°59'48”E. a distance of 266.03 feet to the point of curvature of a 230.00 foot radius curve to the left, with the center point bearing N.71°00'12”W.; thence Northwesterly along the arc of said curve through a central angle of 40°18'09” a distance of 161.78 feet; thence leaving said curve N.45°26'23”E. a distance of 203.80 feet; thence N.89°59'57”E. a distance of 190.00 feet; thence S.45°34'34”E. a distance of 423.96 feet; thence S.27°44'18”E. a distance of 270.11 feet; thence S.07°51'12”E. a distance of 878.24 feet to the point of curvature of a 290.00 foot radius curve to the left, with the center point bearing N.82°09'11”E.; thence Southeasterly along the arc of said curve through a central angle of 59°09'44” a distance of 299.45 feet; thence leaving said curve S.00°00'00”E. a distance of 150.00 feet; thence S.08°00'44”E. a distance of 265.03 feet; thence S.82°19'14”E. a distance of 73.49 feet; thence S.20°34'37”E. a distance of 373.99 feet; thence S.25°20'41”W. a distance of 276.53 feet; thence S.25°53'48”E. a distance of 179.85 feet; thence S.72°42'22”E. a distance of 432.37 feet; thence N.73°47'42”E. a distance of 159.34 feet; thence N.19°41'55”E. a distance of 430.17 feet; thence N.36°26'12”W. a distance of 776.03 feet; thence N.10°04'09”E. a distance of 206.48 feet; thence N.56°34'31”E. a distance of 149.54 feet; thence N.24°42'09”E, a distance of 550.36 feet; thence N.75°57'50”E. a distance of 206.16 feet; thence S.54°34'16”E. a distance of 317.41 feet to the Point of Beginning.
Parcel II:
A portion of Tract “A” in North Port Charlotte Country Club, Unit Three (Sumter Green) per plat thereof recorded in Plat Book 33, Pages 50 and 50-A, Public Records of Sarasota County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of said Tract “A”, thence S.20°40'21”W. along the Easterly line of Tract “A” a distance of 90.00 feet to the Point of Beginning; thence continue along said Easterly line S.20°40'21”W. a distance of 25.31 feet to the point of curvature of a 25.00 foot radius curve to the right with the center point of said curve bearing N.69°19'39”W.; thence Westerly along the arc of said curve through a central angle of 90°00'00” a distance of 39.27 feet to a point of tangency; thence N.69'19°39”W. along the Southerly line of said Tract “A” a distance of 25.00 feet; thence N.20°40'21”E. a distance of 20.77 feet; thence N.39°30'00”E, a distance of 31.21 feet; thence S.69°19'39”E. a distance of 39.93 feet to the Point of Beginning.
Parcel III:
A portion of Section 33, Township 39 South, Range 21 East, Sarasota County, Florida being more particularly described as follows:
Commence at the intersection of the centerline of Sumter Boulevard as shown on the plat of the Thirty-Fifth Addition to Port Charlotte Subdivision as recorded in Plat Book 15, Page 19, 19-A through 19-D of the Public Records of Sarasota County, Florida, with the existing Northeasterly right-of-way line of U.S. Highway No. 41 (State Road 45); thence N.69°19'39”W., along said Northeasterly right-of-way line, a distance of 70.00 feet to the Point of Beginning, thence continue N.69°19'39”W. along said Northeasterly right-of-way line a distance of 80.00 feet; thence N.60°28'28”E. a distance of 156.20 feet to the Westerly right-of-way line of aforesaid Sumter Boulevard (100' wide) thence S.20°39'59”W. (S20°40'21”W plat) along said Westerly right-of-way line a distance of 100.00 feet to the point of curvature of a 20.00 foot radius curve to the right, with the center point of said curve bearing N.69°20'01”W.; thence Westerly along the arc of said curve through a central angle of 90°00'22” a distance of 31.42 feet to the Point of Beginning.
Parcel IV:
A portion of Section 29, Township 39 South, Range 21 East, Sarasota County, Florida being more particularly described as follows:
Commencing at the Northwest corner of North Port Charlotte Country Club Unit One, per plat thereof recorded in Plat Book 19, at Pages 32 and 32-A through 32-C in the Public Records of Sarasota County, Florida; thence S. 21°12'00”W. a distance of 80.00 feet to the Northwesterly corner of Lot 60, Block One in the aforesaid North Port Charlotte Country Club Unit One, said Northwesterly corner also being on the Southerly Right-of-Way line of Appomattox Boulevard as platted in the Fifty-Second Addition to Port Charlotte Subdivision, as recorded in Plat Book 21 at Pages 13, 13-A through 13-NN in the Public Records of Sarasota County, Florida and the Point of Beginning, thence continue S.21°12'00”W. a distance of 233.67 feet to the Northerly boundary of Sabal Trace Country Club; thence N.54°34'16”W., a distance of 103.17 feet; thence leaving said Northerly Boundary N.21°12'00”E., a distance of 208.31 feet to the aforesaid Southerly Right-of-Way line of Appomattox Boulevard; thence along said Southerly Right-of-Way line, S.68°48'00”E. a distance of 100.00 feet to the Point of Beginning.
Parcel V:
Drainage Outfall Easement #1:
A 30.00 foot wide drainage outfall easement to the Cocoplum Waterway with said easement being more particularly described as follows:
Commencing at the Southeast corner of Block 3, on the Northerly right-of-way line of Greenwood Avenue as shown on the record plat of North Port Charlotte Country Club, Unit Two as recorded in Plat Book 26, Pages 37, 37-A through 37-C, Public Records of Sarasota County, Florida; thence S.69°21'34”E. along the Northerly right-of-way line of Greenwood Avenue a distance of 22.00 feet to the Point of Beginning; thence continue S.69°21'34”E. along said right-of-way line a distance of 30.01 feet; thence S.22°01'26”W. a distance of 461.58 feet to the Northerly right-of-way line of the Cocoplum Waterway as described in Official Records Book 1941, Page 1-5, Public Records of Sarasota County; thence N.69°19'39”W. along said Northerly line a distance of 30.01 feet; thence N.22°01'26”E. a distance of 461.56 feet to the Point of Beginning, less right-of-way for Greenwood Avenue.
Drainage Outfall Easement #2:
A 30.00 foot wide drainage outfall easement to the Cocoplum Waterway with said easement being more particularly described as follows:
Commencing at the Southwest corner of Block 3 on the Northerly right-of-way line of Greenwood Avenue as shown on the record plat of North Port Charlotte Country Club, Unit Two, per plat thereof recorded in Plat Book 26, Pages 37, 37-A through 37-C, Public Records of Sarasota County, Florida; thence along the Northerly right-of-way line of Greenwood Avenue N.70°47'11”E. a distance of 10.05 feet; thence S.20°09'22”W. a distance of 222.42 feet to a point on the Northerly right-of-way line of the Cocoplum Waterway as described in Official Records Book 1941, Page 1-5, Public Records of said Sarasota County; thence N.69°19'39”W. along said Northerly line a distance of 30.00 feet, thence N.20°09'22”E. a distance of 197.54 feet to the Northerly right-of-way line of said Greenwood Avenue; thence N.70°47'11”E. along said Northerly line a distance of 28.75 feet to the Point of Beginning, less right-of-way for Greenwood Avenue.
Drainage Outfall Easement #3:
A 50.00 foot wide drainage outfall easement for a golf course lake (drainage easement #3 on the Sabal Trace Country Club) running from a Southerly boundary of the Sabal Trace Country Club Westerly to North Port Boulevard, with said outfall easement being more particularly described as follows:
Commencing at the Southwest corner of Block 3 on the Northerly right-of-way line of Greenwood Avenue as shown on the record plat of North Port Charlotte Country Club, Unit Two, per plat thereof recorded in Plat Book 26, Pages 37, 37-A through 37-C, Public Records of Sarasota County, Florida; thence along the Northerly right-of-way line of Greenwood Avenue as described in Official Records Book 1697, Pages 929 and 930, Public Records of Sarasota County, Florida the following 3 courses S.70°47'11”W. a distance of 69.44 feet to the point of curvature of a 350.00 foot radius curve to the right with the center point bearing N.19°12'49”W.; thence Westerly along the arc of said curve through a central angle of 39°53'10” a distance of 243.65 feet to a point of tangency; thence N.69°19'39”W. a distance of 1041.94 feet; thence leaving the right-of-way of Greenwood Avenue along the boundary of said Sabal Trace Country Club N.22°14'25”W. a distance of 232.52 feet; thence N.05°09'40”E. a distance of 133.96 feet; thence N.09°47'12”E. a distance of 637.41 feet thence N.00°27'44”W. a distance of 252.77 feet; thence N.00°07'11”W. a distance of 230.00 feet; thence N.42°58'51”W. a distance of 196.78 feet; thence S.85°14'59”W. a distance of 85.60 feet; thence N.42°12'50”W. a distance of 109.58 feet; thence N.23°18'07”W. a distance of 150.51 feet; thence N.65°05'35”W. a distance of 109.88 feet; thence N.20°00'36”W. a distance of 69.50 feet; thence N.09°33'24”E. a distance of 92.98 feet; thence N. 31°38'55”E, a distance of 122.29 feet; thence N.51°57'16”E. a distance of 77.05 feet; thence N.14°47'40”E. a distance of 125.91 feet; thence N.38°14'00”E. a distance of 60.72 feet; thence N.24°07'41”W. a distance of 386.77 feet thence N.05°55'09”E. a distance of 164.43 feet; thence N.88°58'08”W. a distance of 227.04 feet; thence S.39°01'51”W. a distance of 217.73 feet; thence S.82°22'06”W. a distance of 327.38 feet to the Point of Beginning of the outfall easement; thence S.44°21'26”W. a distance of 157.84 feet to a point on the arc of a 535.00 foot radius curve, with the center point of said curve bearing N49°27'24”W.; thence Southwesterly along the arc of said curve through a central angle of 46°02'14” a distance of 429.87 feet to a point of tangency; thence S.86°34'50”W. a distance of 261.66 feet to a point on the Westerly right-of-way line of North Port Boulevard; thence N.02°34'35”W. along said right-of-way line a distance of 15.16 feet to the point of curvature of a 3,400.00 foot radius curve to the right, with the center point of said curve bearing N.87°25'25”E.; thence Northerly along the arc of said curve and said right-of-way line through a central angle of 00°35'14” a distance of 34.85 feet to the Southwesterly corner of a 20.00 foot wide effluent line easement to the golf course as described in Official Records Book 1856, Page 1801, Public Records of said Sarasota County; thence along the Southerly line of said effluent line easement the following 4 courses, N.86°34'50”E. a distance of 260.75 feet to the point of curvature of a 485.00 foot radius curve to the left with the center point of said curve bearing N.03°25'10”W.; thence Northeasterly along the arc of said curve through a central angle of 46°13'45” a distance of 391.32 feet; thence N.44°21'26”E. on a non tangent line a distance of 95.57 feet to the golf course boundary; thence N.82°22'06”E. a distance of 81.19 feet to the Point of Beginning of the outfall easement.
All collectively “the Land” together with:
(i) all buildings and improvements now or hereafter erected on the Land; (ii) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (iii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (iv) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (v) all contract rights, accounts receivable and general intangibles relating to the land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies, and (vi) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights.
all to the highest and best bidder for cash, except as set forth hereinafter, on August 2, 2017 at 11:00 a.m. The auction will be conducted at Tactic Conference Room, Aloft Sarasota Hotel, 1401 Ringling Blvd., Sarasota, FL 34236, Sarasota County, Florida. The sale may also be conducted online and/or by telephone at the Special Master's discretion.
All interested parties must comply with the conditions of sale to be found in the Uniform Final Judgment of Mortgage available at the Special Master's website, www.tranzon.com.
ANY 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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941) 861-7400, 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.
Pursuant to Florida Statute 45.031(2), this notice shall be published twice, once a week for two consecutive weeks, with the last publication being at least 5 days prior to the sale. This notice will be published in the Business Observer.
Respectfully submitted,
CARLTON FIELDS JORDEN BURT, P.A.
100 S.E. Second Street,
Suite 4200
Miami, Florida 33131
Phone (305) 530-0050
Facsimile (305) 530-0055
By: NIALL T. McLACHLAN
Fla. Bar No. 059552
[email protected]
[email protected]
112101631.1
July 14, 21, 2017 17-02238S