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NOTICE OF ACTION
in the circuit court of the twelfth judicial circuit
in and for sarasota
county, florida
civil division
CASE NO. 2017 CA 2911 NC
DUTCHMAN HOSPITALITY GROUP, INC. an Ohio Corporation,
Plaintiff, v.
JAMES RICHARD HERNDON,
Defendants.
TO: JAMES RICHARD HERNDON
YOU ARE NOTIFIED that an action to quiet title as to the following described property:
See attached Exhibit “A”
EXHIBIT “A”
A portion of the Northwest quarter of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida, more particularly described as follows:
Commence at the Southwest corner of the Northwest quarter of said Section 27, said corner being on the centerline of Survey of Beneva Road (State Road S-773) as shown in FDOT Right-of-Way Map Section 17503-2602 recorded in Road Plat Book 1, at Page 112, Public Records of Sarasota County, Florida; thence North 00 degrees 52 minutes 36 seconds East, along said centerline of Survey a distance of 269.03 feet; thence South 89 degrees 59 minutes 14 seconds East, a distance of 55.00 feet to the Easterly right of way line of said Beneva Road and the Point of Beginning; thence North 00 degrees 52 minutes 36 seconds East along said Easterly right of way line a distance of 50.00 feet to the Westerly extension of the Southerly line of the premises described in the Warranty Deed recorded in Official Records Book 2972, at Page 2733, said public records; thence South 89 degrees 59 minutes 14 seconds East along said Westerly extension and the Southerly line of said premises a distance of 616.99 feet to the Westerly line of the premises described in the Warranty Deed recorded in Official Records Instrument #1998136644, said public records; thence North 00 degrees 52 minutes 36 seconds East along said Westerly line a distance of 243.86 feet to the Northerly line of said premises; thence South 89 degrees 59 minutes 14 seconds East along said Northerly line and its Easterly extension a distance of 318.24 feet; thence North 00 degrees 52 minutes 36 seconds East, a distance of 50.01 feet to the Southeast corner of the premises described in the General Warranty Deed recorded in Official Records Instrument #2002216013, said public records; thence North 89 degrees 59 minutes 14 seconds West along a line 50.00 feet North of and parallel with aforesaid Northerly line of the premises described in the Warranty Deed recorded in Official Records Instrument #1998136644, a distance of 240.87 feet to the Easterly line of the premises described in the Quit Claim Deed recorded in Official Records Instrument #2003017791, said public records, (the following two calls are along the lines of said premises); thence North 00 degrees 52 minutes 36 seconds East, a distance of 150.49 feet; thence South 89 degrees 59 minutes 14 seconds East, a distance of 75.14 feet to the Westerly line of the premises described in the Warranty Deed recorded in Official Records Book 2976, at Page 1166, said public records, (the following three calls are along the lines of said premises); thence South 00 degrees 52 minutes 36 seconds West, a distance of 75.48 feet; thence South 89 degrees 59 minutes 14 seconds East, a distance of 140.73 feet; thence North 00 degrees 52 minutes 36 seconds East, a distance of 25.00 feet to the Southerly line of the premises described in the Warranty Deed recorded in Official Records Instrument #2002042917, said public records; thence South 89 degrees 59 minutes 14 seconds East along said Southerly line a distance of 276.62 feet to the Westerly line of the Seminole Gulf Railway; thence South 11 degrees 13 minutes 14 seconds East along said Westerly line a distance of 683.92 feet to the Northerly right of way line of Bahia Vista Street as described in the Special Warranty Deed recorded in Official Records Book 2354, at Page 1454, said public records; thence North 89 degrees 59 minutes 14 seconds West along said Northerly right of way line a distance of 958.13 feet to the Easterly line of the premises described in the Warranty Deed recorded in Official Records Instrument #2006100170, said public records; thence North 00 degrees 52 minutes 36 seconds East along said Easterly line a distance of 227.03 feet to the Northerly line of said premises; thence North 89 degrees 59 minutes 14 seconds West along said Northerly line and the Northerly line of the premises described in the Deed recorded in Official Records Instrument #2006100169, said public records and the Northerly line of the premises described in the Warranty Deed recorded in Official Records Instrument #2013123731, said public records, a distance of 372.07 feet to the Point of Beginning.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
Parcel 1:
From an iron pipe in the SW corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, run North along the Section Line 613 feet to a point; thence East and parallel to the half Section Line 749 feet to the Point of Beginning; thence North 147 feet; thence East 75 feet; thence South 147 feet; thence West 75 feet to the Point of Beginning, lying and being in Sarasota County, Florida.
Parcel 2:
Commence at the SW corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida; thence North 00° 55' East along the West boundary of said Section 27, 613 feet; thence East, parallel with the South boundary of the NW 1/4 of said Section 27, 824 feet for a Point of Beginning; thence North 00° 55' East, 75 feet; thence East 140.73 feet; thence South 00° 55' West, 75 feet; thence West 140.73 feet to the Point of Beginning.
Parcel 3:
Commencing at the SW corner of the NW 1/4 of Section 27, thence East 964.9 feet along the South line of the NW 1/4 of said Section 27; thence North, 613 feet for a Point of Beginning; thence continuing North 100 feet; thence East 275.69 feet to the Westerly right of way line of the Seaboard Air Line Railroad; thence South 11 degrees 14' East, 101.95 feet; thence West, 300 feet to the POB, all lying and being in Section 27, Township 36 South, Range 18 East, Sarasota County, Florida; Subject, however, to a 25 foot easement for ingress and egress, said 25 feet being the West 25 feet of the above-described property.
Parcel 4:
Commence at the SW corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida; thence East along the South line of said NW 1/4, 964.9 feet; thence North 613 feet to a point, said point being the POB of those certain lands described in O.R. Book 1173, Page 475, Public Records of Sarasota County, Florida; thence East 25 feet for the Point of Beginning; thence continue East 137.50 feet; thence N 6 degrees 01' 28” W 100.54 feet; thence West 125.35 feet to the East line of Herndon Place (50' wide access easement); thence South along said East line of Herndon Place, 100.00 feet to the POB.
Parcel 5:
The North 50 feet: From the SW corner of the SE 1/4 of SW 1/4 of NW 1/4 of Section 27, Township 36 South, Range 18 East, run North along the West line of said SE 1/4 of SW 1/4 of NW 1/4 , 25 feet; thence East and parallel to 1/2 Section line, 313.5 feet for a POB; thence continue East, 105.5 feet; thence North and perpendicular to 1/2 Section line, 329 feet; thence West and parallel to said ½ section line, 100.2 feet; thence Southerly and parallel to West line of said SE 1/4 of SW 1/4 of NW 1/4, 329.04 feet to POB, being in the of SW 1/4 of NW 1/4 of Section 27, Township 36 South, Range 18 East, lying and being in Sarasota County, Florida.
Parcel 6:
Commence at the Southwest corner of the Northwest 1/4 of Section 27; thence East 1092 feet along the South line of the Northwest 1/4 of said Section 27; thence North 363 feet for a Point of Beginning; thence East 224.10 feet to the Westerly right-of-way of the Seaboard Air Line Railroad; thence North 11°14' West along said right-of-way line 101.95 feet; thence West 203.62 feet; thence South 100 feet to the Point of Beginning; all lying in Section 27, Township 36 South, Range 18 East, Sarasota County, Florida.
Parcel 7:
From the Southwest corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, run North along section line 563 feet to an iron pipe; thence East and parallel to the South line of said quarter section 1092 feet to Northwest corner of said tract, which is marked by an iron pipe; thence South 100 feet to an iron pipe; thence East and parallel to the South line of said quarter section 203.7 feet to the Westerly line of the Seaboard Air Line 100 foot right-of-way; thence Northerly along said right-of-way line 102.4 feet more or less to an iron pipe; thence West and parallel to the South line of said quarter section 183.7 feet more or less to the iron pipe at the Northwest corner of said tract of land.
Parcel 8:
Commence at the SW corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East; thence N 00° 55' 00” E along the West boundary of said Section 27 a distance of 563.00 feet; thence East and parallel with the South boundary of the NW 1/4 of Section 27, a distance of 989.73 feet for a Point of Beginning; thence N 00° 55' 00” E a distance of 50.00 feet; thence East a distance of 275.00 feet; thence S 11° 14' 00” E a distance of 50.97 feet along Westerly Seaboard Airline right-of-way line; thence West a distance of 284.92 feet to the Point of Beginning, all lying and being in Section 27, Township 36 South, Range 18 East, Sarasota County, Florida.
Parcel 9:
A parcel of land situated in Section 27, Township 36 South. Range 18 East, Sarasota County, Florida, more particularly described as follows:
Commence at a found railroad spike at the Southwest corner of the Northwest Quarter of said Section 27; thence East along the South line of said Northwest Quarter 1091.93 feet; thence North 0 degrees. 20' 43” East 30.00 feet to a found iron pipe for a Point of Beginning at the Northerly right-of-way line of Bahia Vista Street (Public right-of-way); thence continue North 0 deg. 20' 43” East, 332.63 feet to found iron pipe; thence South 88 deg. 29' 37” East, 228.99 feet to the Southwesterly right-of-way line of Seaboard Coastline Railroad (100' wide right-of way); thence South 11 deg. 19' 37” East along said Southwesterly right-of-way line of railroad 333.09 feet to said Northerly right-of way line of Bahia Vista Street; thence West along said Northerly right-of-way line 296.33 feet to the Point of Beginning.
SUBJECT to a 25 foot easement along the Westerly 25.00 feet of the above-described parcel.
LESS the South 10 feet of the above-described parcel for right-of-way purposes as described in O.R. Book 1812, page 1476, Public Records of Sarasota County, Florida; and
LESS property conveyed to Sarasota County by Instrument recorded in O.R. Book 1919, Page 470, Public Records of Sarasota County, Florida, more particularly described as follows:
The portion of the above described parcel of land which lies Southerly of the following described line: Commence at the Southwest corner of the Northwest Quarter of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida; thence run North 00 deg. 07' 21” East along the West line of said Section 27 for a distance of 64.62 feet; thence run North 89 deg. 14' 51” East for a distance of 45.03 feet to an intersection with a curve concave to the Northeast, having a radius of 43.50 feet and the Point of Beginning; thence run Southeasterly along the arc of said curve having a radius of 45.03 feet through a central angle of 61 deg. 18' 17”, for an arc distance of 46.54 feet to a point of tangency; thence run North 89 deg. 14' 51” East along a line that is 42.00 feet North of and parallel with the South line of the Northwest Quarter for a distance of 1301.89 feet to the intersection with the Westerly right-of-way line of the Seaboard Coastline Railroad and the end of the aforesaid described land.
Parcel 10:
The East 105.50 feet of the following described lands:
From the SW corner of the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 27, Township 36 South, Range 18 East, run North on a line parallel to Section Line 354 feet to an iron pipe; thence East parallel to Half Section Line 209 feet to an iron pipe, which is the Point of Beginning; thence North parallel to Half Section Line 209 feet to an iron pipe; thence East and parallel to Half Section Line 209 feet to an iron pipe; thence South parallel to Section Line 209 feet to an iron pipe; thence West parallel to Half Section Line 209 feet to Point of Beginning. Said lands being a portion of Parcel 2 as described in Official Records Book 2009, Pages 2897 and 2898, of the Public Records of Sarasota County, Florida.
Parcel 11:
Parcel A:
Begin at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 in Section 27, Township 36 South, Range 18 East; thence North on a line parallel to Section line 25 feet to an iron pipe for a POINT OF BEGINNING; thence continue on the same line 209 feet to an iron pipe; thence East 113.5 feet; thence South 209 feet; thence West 113.5 feet to the Point of Beginning.
Parcel A1:
The East 45 feet of the South 269 feet of the West ½ of the Southwest 1/4 of the Northwest 1/4 of Section 27, Township 36 South, Range 18 East, LESS the South 30 feet for road right of way, Sarasota County, Florida.
Parcel B:
From the Southwest corner of the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 27,Township 36 South, Range 18 East, run North on line parallel to Section line 234 feet to an iron pipe which is the POINT OF BEGINNING; thence continue on same line 120 feet to an iron pipe; thence East parallel to half section line 313.5 feet to an iron pipe; thence South 120 feet to an iron pipe which is 234 feet North of the half section line; thence West parallel to half section line 313.5 feet to the Point of Beginning, Sarasota County, Florida.
Parcel C:
Begin at the SW corner of the SE 1/4 of the SW 1/4 of the NW 1/4 in Section 27, Township 36 South, Range 18 East; thence North on a line parallel to Section line 25 feet to an iron pipe for POINT OF BEGINNING; thence continue on the same line 209 feet to an iron pipe; thence East 213.5 feet; thence South 209 feet; thence West 213.5 feet to the Point of Beginning. LESS and EXCEPT the Westerly 113.5 feet conveyed in OR Book 1026, Page 823 and OR Book 1026, Page 825, Public Records of Sarasota County, Florida.
AND
From the Southwest corner of the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 27, Township 36 South, Range 18 East; thence North on a line parallel to section line, 25 feet to an iron pipe, which is POINT OF BEGINNING; thence continue on same line 209 feet to an iron pipe; thence East parallel to half section line 313.5 feet to an iron pipe; thence South to an iron pipe which is 25 feet North of the half section line, 209 feet; thence West parallel to half section line 313.5 feet to the Point of Beginning.
EXCEPTING therefrom the following described real estate, to wit:
Parcel A: Begin at the Southwest corner of the SE 1/4 of the SW 1/4 of the NW 1/4 in Section 27, Township 36 South, Range 18 East, thence North on a line parallel to section line 25 feet to an iron pipe for the POB; thence continue on the same line 209 feet to an iron pipe; thence E 213.5 feet; thence South 209 feet; thence West 213.5 feet to the POB.
ALSO EXCEPTING therefrom the following described real estate, to wit:
Parcel B:
Commence at the Southwest corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida; thence nm North 00 deg. 07' 21” East along the West line of said Section 27 for a distance of 64.62 feet; thence run North 89 deg.14' 51” East for a distance of 45.03 feet to the intersection with a curve concave to the Northeast, having a radius of 43.50 feet and the Point of Beginning; thence run Southeasterly along the arc of said curve, having a radius of 43.50 feet, through a central angle of 61 deg. 18'17” for an arc distance of 46.54 feet to a point of tangency; thence run North 89 deg.14' 51” East along a line that is 42.00 feet North of and parallel with the South line of the Northwest 1/4 for a distance of 1301.89 feet to the intersection with the Westerly right of way line of Seaboard Coastline Railroad and the end of the afore-described line.
LESS Southerly 17' thereof for Bahia Vista right of way as recorded in OR Book 1896, Page 297, and re-recorded in OR Book 1919, Page 472.
ALSO LESS AND EXCEPT portion of Parcel 2 above described in Stipulated Final Judgment as to Parcel 241-BV recorded in OR Book 2271, Page 2216, and Warranty Deed recorded in Official Records Instrument #2002002833, all of the Public Records of Sarasota County, Florida.
Parcel 12:
The South 269.0 feet of the East 200.0 feet of the West 627.0 feet of the SW 1/4 of the NW 1/4 of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida, LESS the South 42 feet thereof.
Parcel 13:
The North 50 feet of the South 319 feet of the West 1/2 of the SW 1/4 of the NW 1/4, LESS the West 40 feet thereof for Beneva Road, and LESS and except that part thereof conveyed to the State of Florida by deed recorded in O.R. Book 981, Page 1825, lying and being in Section 27, Township 36 South, Range 18 East.
Parcel 14:
From the Southwest corner of the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 27, Township 36 South, Range 18 East, run North on a line parallel to section line 354 feet to an iron pipe for a Point of Beginning; thence East parallel to half-section line 209 feet to an iron pipe; thence North parallel to half-section line 209 feet to an iron pipe; thence West parallel to half-section line 209 feet to an iron pipe; thence South and parallel to section line 209 feet to the Point of Beginning, Sarasota County, Florida. Said lands being one and the same as those certain lands described in Official Records Instrument #1998136644 of the Public Records of Sarasota County, Florida.
Parcel 15:
The West 103.5 feet of the following described parcel:
From the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 27,Township 36 South, Range 18 East, run North on a line parallel to Section line 354 feet to an iron pipe; thence East parallel to half Section line 209 feet to an iron pipe, which is the Point of Beginning; thence North parallel to half Section line 209 feet to an iron pipe; thence East and parallel to half Section line 209 feet to an iron pipe; thence South parallel to Section line 209 feet to an iron pipe; thence West parallel to half Section line 209 feet to the Point of Beginning, Sarasota County, Florida. Said lands being one and the same as those certain lands described as Parcel 2 in Official Records Book 2009, page 2897, of the Public Records of Sarasota County, Florida.
Parcel 16:
A parcel of land located in part of the NW 1/4 of Section 27, Township 36 South, Range 18 East, Sarasota County, Florida, which is more particularly described as follows:
Commence at the SW corner of said NW 1/4 of Section 27; thence N 89 degrees 14' 51” E., a distance of 986.78 feet along the East-West 1/4 line of said Section 27; thence N 00 degrees 07' 21” E, a distance of 42.00 feet to the North right-of-way line of Bahia Vista Street and the Point of Beginning; thence continuing N 00 degrees 07' 21” E, a distance of 257.00 feet; thence N 89 degrees 14' 51” E, a distance of 105.50 feet to the West right-of-way line of Love Avenue; thence along said West right-of-way line S 00 degrees 07' 21” W., a distance of 257.00 feet to the North right-of-way line of said Bahia Vista Street; thence along said right-of-way line S 89 degrees 14” 51' W., a distance of 105.50 feet to the Point of Beginning. Said lands being one and the same as those certain lands described as Parcel B, in Official Records Book 3056, pages 473, of the Public Records of Sarasota County, Florida.
Parcel 20:
A parcel of land lying and being in Section 27, Township 36 South, Range 18 East, Sarasota County, Florida, described as follows:
Commence at the SW corner of the NW 1/4 of Section 27, Township 36 South, Range 18 East, thence East along the South line of said NW 1/4, 964.9 feet; thence North 613 feet to a point, said point being the Point of Beginning of those certain lands as described in Official Records Book 1173, Page 475, Public Records; thence East 162.50 feet for the Point of beginning; thence continue East, 137.50' to the West R/W of Railroad, said point being the SE corner of lands per Official Records Book 1173, Page 475; thence North 11 degrees 14 minutes, 00 seconds West along said R/W, 101.95 feet to the NE corner of lands per Official Records Book 1173, Page 475; thence West along the North line of said lands, 125.34 feet; thence South 06 degrees 01 minutes 28 seconds East 100.54 feet to the Point of Beginning.
has been filed against you and you are required to serve a copy of your written defenses, if any, to MORGAN R. BENTLEY, ESQ., at Bentley & Bruning, P.A., Attorney for Plaintiff, whose address is 783 South Orange, Ave., 3rd floor, Sarasota, FL 34236, on or before July 31, 2017, a date which is within thirty (30) days after the first publication of this Notice, in the BUSINESS OBSERVER and file the original with the Clerk of the 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 Verified Complaint.
NOTICE: 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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, 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.
Witness my hand and the seal of this Court this 28 day of June, 2017.
KAREN RUSHING
Clerk of the Court
(SEAL) By C. Overholt
As Deputy Clerk
MORGAN R. BENTLEY, ESQ.
Bentley & Bruning, P.A.
Attorney for Plaintiff
783 South Orange, Ave.,
3rd floor, Sarasota, FL 34236
June 30; July 7, 14, 21, 2017 17-02008S