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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. 17-CA-001416
ZEMEL FAMILY VENTURES, LLC, a Florida limited liability company,
Plaintiff, vs.
UNKNOWN HEIRS DEVISEES AND BENEFICIARIES OF DORIS ZEMEL, deceased, FRED M. ZEMEL, individually and as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, ALL OTHERS CLAIMING BY, THROUGH AND UNDER FRED M. ZEMEL, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, NATHAN ELI ZEMEL, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, ALL OTHERS CLAIMING BY, THROUGH AND UNDER NATHAN ELI ZEMEL, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, MILDRED Z. KLEIN, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, ALL OTHERS CLAIMING BY, THROUGH AND UNDER
MILDRED Z. KLEIN, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, MATHIAS ZEMEL, individually, SUZANNE ZEMEL, individually, UNKNOWN HEIRS, DEVISEES AND BENEFICIARIES OF FREDA ROMANOFF, deceased, ALL OTHERS CLAIMING BY, THROUGH AND UNDER FREDA ROMANOFF, as Successor Trustee of the Charles and Lena Trust dated December 15, 1961, ROBERTA STRAUCHLER, individually, ELIHU ROMANOFF, individually, UNKNOWN HEIRS, DEVISEES AND BENEFICIARIES OF DAVID ROMANOFF, deceased, SYNDI ROMANOFF, individually, UNKNOWN HEIRS DEVISEES AND BENEFICIARIES OF SAMUEL ZEMEL, deceased,
ALLEN ZEMEL, individually, MARK ZEMEL, individually, and FLAG CORP., a dissolved Florida corporation,
Defendants.
TO: FLAG CORP. a dissolved Florida corporation
Zelma Smukler, Registered Agent
7351 Kinghurst Drive
Delray, Florida 33446
YOU ARE NOTIFIED that a quiet title action on the following property located in Lee County, Florida has been filed against you:
See Exhibit “A” attached hereto.
EXHIBIT A
(the ''Real Property'')
Parcel A
That portion of the following described lands which lie within the Northeast 1/4 of the Southeast 1/4 of Section 36. Township 44 South, Range 24 East, Lee County, Florida:
Beginning in the North line of Section thirty-six (36), Township 44 South, Range 24 East, Lee County, Florida, at a point in the West right of way line of Iona Drainage Canal distant sixty-one and 0/10 (61.0) feet Westerly from the Northeast corner thereof, running thence on a straight line in a Southerly direction along said right of way line of Iona Drainage Canal a distance of twenty-six hundred thirty-three and 0/10 (2633.0) feet to a point in the South line of the Northeast quarter (NE 1/4) of said Section thirty-six (36), distant sixty one and 0/10 (61.0) feet Westerly from the Southeast corner thereof, running thence on a straight line in a Southerly direction along said right of way line of Iona Drainage Canal a distance of twenty six hundred forty three and 5/10 (2643.5) feet to a point in the South line of said Section 36, distant sixty four and 0/10 (64.0) feet Westerly from the Southeast comer thereof, running thence on a straight line in a Westerly direction along the South line of said Section 36, a distance of 56.0 feet to a point of intersection with the center line of Seaboard All Florida Railway at survey station 1911 plus 72.0 as same has been surveyed and staked over and across lands of grantor, running thence on a straight line in a westerly direction along said South line of said Section 36, a distance of fifty and 0/10 (50.0) feet to a point distant one hundred seventy and 0/10 (170.0) feet from the Southeast corner of said Section 36, running thence on a straight line in a Northerly direction fifty and 0/10 (50.0) feet at right angles and parallel to the center line of said Railway as same has been surveyed and staked over and across lands of Grantor, a distance of fifty two hundred seventy six and 5/10 (5276.5) feet to a point in the North line of said Section 36, distant one hundred thirty-eight and 4/10 (138.4) feet Westerly from the Northeast corner thereof, running thence on a straight line in an easterly direction along said North line of said Section 36, a distance of fifty and 0/10 (50.0) feet to a point of intersection with the said center line of said railway at
Survey Station 1858 plus 95.5, running thence on a straight line in an easterly direction along the North line of said Section 36, a distance of twenty-seven and 4/10 (27.4) feet to a point in the West right of way line of said Iona Drainage Canal and Point of Beginning distant sixty one and 0/10 (61.0) feet Westerly from the Northeast comer of said Section 36.
LESS and EXCEPT that portion thereof conveyed to the City of Fort Myers by Fee Simple Deed recorded in Official Records Book 1599. Page 256, of the Public Records of Lee County. Florida.
and
Parcel B
That portion of the following described lands which lie within the Southeast 1/4 of the Southeast 1/4 of Section 36, Township 44 South. Range 24 East, Lee County, Florida:
Beginning in the North line of Section thirty-six (36), Township 44 South, Range 24 East, Lee County, Florida, at a point in the West right of way line of Iona Drainage Canal distant sixty-one and 0/10 (61.0) feet Westerly from the Northeast corner thereof, running thence on a straight line in a Southerly direction along said right of way line of Iona Drainage Canal a distance of twenty-six hundred thirty-three and 0/10 (2633.0) feet to a point in the South line of the Northeast quarter (NE 1/4) of said Section thirty-six (36) distant sixty one and 0/10 (61.0) feet Westerly from the Southeast corner thereof, running thence on a straight line in a Southerly direction along said right of way line of Iona Drainage Canal a distance of twenty six hundred forty three and 5/10 (2643.5) feet to a point in the South line of said Section 36, distant sixty four and 0/10 (64.0) feet Westerly from the Southeast corner thereof, running thence on a straight line in a Westerly direction along the South line of said Section 36, a distance of 56.0 feet to a point of intersection with the center line of Seaboard All Florida Railway Survey Station 1911 plus 72.0 as same has been surveyed and staked over and across lands of grantor, running thence on a straight line in a westerly direction along said South line of said Section 36, a distance of fifty and 0/10 (50.0) feet to a point distant one hundred seventy and 0/10 (170.0) feet from the Southeast corner of said Section 36, running thence on a straight line in a Northerly direction fifty and 0/10 (50.0) feet at right angles and parallel to the center line of said Railway as same has been surveyed and staked over and across lands of Grantor, a distance of fifty two hundred seventy six and 5/10 (5276.5) feet to a point in the North line of said Section 36, distant one hundred thirty-eight and 4/10 (138.4) feet Westerly from the Northeast corner thereof, running thence on a straight line in an easterly direction along said North line of said Section 36, a distance of fifty and 0/10 (50.0) feet to a point of intersection with the said center line of said railway at Survey Station 1858 plus 95.5, running thence on a straight line in an easterly direction along the North line of said Section 36, a distance of twenty-seven and 4/10 (27.4) feet to a point in the West right of way line of said Iona Drainage Canal and Point of Beginning distant sixty one and 0/10 (61.0) feet Westerly from the Northeast corner of said Section 36.
Less and except the following property as described in Official Records Instrument No. 20 15000119524 . Public Records of Lee County, Florida, described as follows:
A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 44 SOUTH, RANGE 24 EAST, LEE COUNTY, FLORIDA. SAID PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 36; THENCE SOUTH 88°59'03'” WEST, ALONG THE NORTH LINE OF SAID QUARTER SECTION FOR 61.00 FEET TO A POINT ON THE WEST LINE OF FORMER I.D.D. TEN MILE CANAL; THENCE SOUTH 00Ëš'49'39” EAST, ALONG SAID WEST LINE AND PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 36 FOR 44.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00Ëš49'39” EAST, ALONG SAID WEST LINE, ALSO BEING THE EAST LINE OF THE FORMER S. A. L. RAILROAD RIGHT OF WAY AS DESCRIBED IN DEED BOOK 102, PAGE 245, OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA, FOR 2576.72 FEET TO THE NORTH RIGHT OF WAY LINE OF WINKLER ROAD (100 FEET WIDE); THENCE SOUTH 89°01'28” WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR 75.79 FEET: THENCE NORTH 00Ëš50'37'” WEST, ALONG THE EAST LINE OF WINKLER/EVANS OFFICE PARK AS RECORDED IN INSTRUMENT 2010000254923, BEING A REPLAT OF PART OF C. S. L. & G. SUBDIVISION NO. 1 RECORDED IN PLAT BOOK 30, PAGE 35 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA FOR 1741.13 FEET TO THE NORTHEAST CORNER OF SAID WINKLER/EVANS OFFICE PARK; THENCE NORTH 00Ëš52'29” WEST FOR 835.53 FEET TO A POINT 44.00 FEET SOUTH OF THE AFORESAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 36; THENCE NORTH 88Ëš59'03” EAST. PARALLEL WITH SAID NORTH LINE FOR 76.98 FEET TO THE POINT OF BEGINNING.
and
Parcel G
That portion of the following described lands which lie within the Southeast 1/4 of Section 25, Township 45 South, Range 24 East, Lee County, Florida, and North of the lands conveyed to Lee County by Order of Taking recorded in Official Records Book 1211, Page 1140, of the Public Records of Lee County, Florida:
A strip of land sixty-six (66) feet in width, being all that portion of the East half (E 1/2) of Southeast quarter (SE 1/4) Section 25 and Northeast quarter (NE 1/4) of Northeast quarter (NE 1/4), Section 36, Township 45 South, Range 24 East Lee County Florida, which lies within parallel lines measured thirty-three (33) feet on each side of and at right angles from center line of Seaboard All Florida Railway as the same has been surveyed and staked across lands of Grantor, said center line being more particularly described as follows: Beginning at survey station 2149 plus 293 of said Railway in the North line of the Southeast quarter (SE 1/4) of Section 25. Township 45 South, Range 24 East, Lee County, Florida, at a point one hundred sixty and 8/10 (160.8) feet Westerly from the Northeast corner thereof, running thence on a straight line in a Southerly direction over and across lands of grantor thirty nine hundred fifty-nine and 7/10 (3959.7) feet to survey station 2188 plus 89.0 at a point in the South line of the Northeast quarter (NE 1/4) of Northeast quarter (NE 1/4) of Section 36, of said Township and Range, distant one hundred eighty-five and 3/10 (185.3) feet Westerly from the Southeast corner thereof.
AND
From the NE corner of SE 1/4 Section 25, Township 45 South, Range 24 East, Lee County, Florida, West along the North boundary line of said Southeast quarter (SE 1/4) a distance of 110 feet to intersection with the West right of way line of the Iona Drainage Canal, and Point of Beginning. Thence South along said right of way line of said Canal a distance of 2641.9 feet to intersection with South boundary line of said Section 25, said point of intersection being 114 feet West from Southeast (SE) corner of said Southeast quarter (SE 1/4). Continuing South along said Canal right of way a distance of 1317.8 feet to intersection with South boundary line of Northeast quarter (NE 1/4) of Northeast quarter (NE 1/4) of Section 36, Township 45 South. Range 24 East, Lee County, Florida, said point of intersection being 115 feet distant West of the Southeast (SE) corner thereof. Thence West along South boundary line of said Northeast quarter (NE 1/4) of Northeast quarter (NE 1/4 ) a distance of 37.3 feet to intersection with East right of way line of Seaboard All Florida Railway as same has been staked over and across land of grantor. Thence North along said East right of way line of said Railway a distance of 3959.7 feet to intersection with North boundary line of Southeast quarter of said Section 25. Thence East along said North boundary line of said Southeast quarter (SE 1/4) a distance of 17.8 feet to intersection with West right of way line of said Iona Drainage Canal, and the Point of Beginning.
You are required to file written defenses with the Clerk of this Court and to serve a copy on or before July 5, 2017 on Lori L. Moore, Attorney for Plaintiff, whose address is Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, Florida 33901; otherwise a default will be entered against you for the relief demanded in the Complaint.
WITNESS my hand and seal of the Court on the 26 day of May, 2017.
Linda Doggett
Clerk of the Court
(SEAL) By: K. Shoap
Deputy Clerk
Lori L. Moore
Attorney for Plaintiff
Roetzel & Andress
2320 First Street, Suite 1000
Fort Myers, Florida 33901
July 14, 21, 28; Aug. 4, 2017 17-02913L