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NOTICE OF SALE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
Case No. 2:17-CV-459 FTM 99 CM
MONTGOMERY BANK, N.A.,
Plaintiff, v.
RIVERBEND GOLF & COUNTRY CLUB, INC.; PIKE CREEK TURF FARMS, INC.; LEE COUNTY; SOUTHERN GULF EQUIPMENT RENTAL & SALES, INC., and RIVERBEND HOMEOWNERS ASSOCIATION OF LEE COUNTY, INC.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment of Foreclosure and Order of Sale, dated July 13, 2018 (Dkt. 57), in Case No. 2:17-CV-459 FTM 99 CM, United States District Court, Middle District of Florida, Fort Myers Division, wherein MONTGOMERY BANK, N.A., is the Plaintiff, and RIVERBEND GOLF & COUNTRY CLUB, INC.; PIKE CREEK TURF FARMS, INC.; LEE COUNTY; SOUTHERN GULF EQUIPMENT RENTAL & SALES, INC., and RIVERBEND HOMEOWNERS ASSOCIATION OF LEE COUNTY, INC., are the Defendants. Special Master, Daniel Feinman, will sell to the highest bidder for cash in accordance with 28 U.S.C. § 2001, at a public sale to be held at the Lee County Courthouse front steps, Fort Myers, Florida, at 10:00 a.m. on September 25, 2018, the following described real property, situate and being in Lee County, Florida:
LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A.
EXHIBIT A
PARCEL 1
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 6, Township 44 South, Range 25 East and Section 31, Township 43 South, Range 25 East, Lee County, Florida, being a part of the parcel as described in Official Records Book 2342, Page 3472, Lee County Public Records, and being further bounded and described as follows:
BEGINNING at the Northeast corner of Lot 12, VILLAGE AT INDIAN CREEK Subdivision, Plat Book 66, Page 64, said Public Records; thence S.30°33'41”E., along the boundary of said subdivision, for 205.94 feet; thence S.17°28'31”E. along said boundary for 89.17 feet; thence S.13°31'08”E. along said boundary for 83.45 feet to the beginning of a curve to the right having a radius of 61.26 feet, delta angle of 68°32'09”, chord bearing S.20Ëš44'57”W., chord distance of 68.99; thence along said curve and said boundary for an arc length of 73.28 feet; thence S.55Ëš01'01”W. along said boundary for 146.51 feet; thence S.13°13'25”W. along said boundary for 46.15 feet; thence S.61Ëš10'09”W. along said boundary for 307.23 feet; thence S.00Ëš18'48”W. along the West line of said Section 31, for 7.00 feet; thence N.76°54'08”E. along the boundary of UNIT 2, MARSH POINT Subdivision, Plat Book 59, Page 66, said Public Records, for 317.18 feet; thence S.13°35'17”E. along said boundary for 9.97 feet; to the beginning of a curve to the right having a radius of 55.00 feet, delta angle of 99°18'13”,chord bearing S.53°33'39”E., chord distance of 83.83 feet, thence along said curve and said boundary for an arc length of 95.32 feet to the beginning of a curve to the left having a radius of 90.00 feet, delta angle of 42°09'03”, chord bearing S.24°59'05”E., chord distance of 64.73 feet, thence along said curve and said boundary for an arc length of 66.21 feet; thence S.46°03'36”E. along said boundary for 64.57 feet to the beginning of a curve to the right having a radius of 217.50 feet, delta angle of 46°03'36”, chord bearing S.23°01'48”E., chord distance of 170.18 feet, thence along said curve and said boundary for an arc length of 174.85 feet; thence S.00°00'00”E. along said boundary for 204.97 feet to the beginning of a curve to the right having a radius of 117.50 feet, delta angle of 58°06'16”, chord bearing S.29°03'08”W., chord distance of 114.12 feet, thence along said curve and said boundary for an arc length of 119.16 feet; thence S.58°06'17”W. along said boundary for 5.97 feet to the beginning of a curve to the left having a radius of 50.00 feet, delta angle of 43°06'41”, chord bearing S.36°32'56”W., chord distance of 36.74 feet, thence along said curve and said boundary for an arc length of 37.62 feet; thence S.74°35'22”E. along said boundary for 148.67 feet; thence S.00°17'09”W. along said boundary for 180.00 feet; thence S.89°46'46”E. along the boundary of UNIT 1, MARSH POINT Subdivision, Plat Book 57, Page 38, said Public Records, for 62.15 feet; thence N.71°04'15”E. along said boundary for 116.23 feet; thence N.89°57'51”E. along
(Parcel 1 continued)
said boundary for 333.35 feet; thence N.00°00'21”E. along said boundary for 132.99 feet to the beginning of a curve to the right having a radius of 300.00 feet, delta angle of 21°53'50”, chord bearing N.10°57'16”E., chord distance of 113.96 feet, thence along said curve and said boundary for an arc length of 114.65 feet; to the beginning of a reverse curve to the left having a radius of 30.00 feet, delta angle of 54°10'22”, chord bearing N.05°11'00”W., chord distance of 27.32 feet, thence along said curve and said boundary for an arc length of 28.36 feet to the Westerly line of a 50.00 foot wide ingress-egress easement as shown in Official Records Book 1625, Pages 606-608, said Public Records; thence, leaving said subdivision boundary, N.57°43'49”E. for 15.28 feet; to the beginning of a non-tangent curve to the right having a radius of 112.57 feet, delta angle of 19°23'49”, chord bearing N.22°34'17”W., chord distance of 37.93 feet, thence along said curve parallel with and 15.00 feet Easterly of (as measured on a perpendicular) said Westerly line of a 50.00 foot wide ingress-egress easement, for an arc length of 38.11 feet to the beginning of a compound curve to the right having a radius of 554.83 feet, delta angle of 14°51'45”, chord bearing N.05°26'29”W., chord distance of 143.52 feet, thence along said curve and said parallel line for an arc length of 143.92 feet; thence N.01°18'52”E. along said parallel line for 330.54 feet; thence N.01°11'48”W. along said parallel line for 123.46 feet; thence N.56°46'19”W. along the boundary of the parcel as described in Official Records Book 4355, Page 1897, said Public Records, for 210.14 feet; thence N.55°00'34”W. along said boundary for 171.14 feet; thence N.35°42'46”W. along said boundary for 230.68 feet; thence N.46°00'53”W. along said boundary for 215.25 feet; thence N.61°29'11”W. along said boundary for 194.26 feet to an intersection with a non-tangent curve to the left having a radius of 64.14 feet, delta angle of 110°36'50”, chord bearing S.24°44'44”W., chord distance of 105.47 feet, thence along said curve and along the boundary of VILLAGE OF INDIAN CREEK CONDOMINIUM as shown in Official Records Book 1892, Page 3710, said Public Records, for an arc length of 123.83 feet to the POINT OF BEGINNING.
Said Parcel 1 contains 812169.71 square feet or 18.65 acres, more or less.
Parcel subject to the ingress-egress easement as described in Official Records Book 1625 at Pages 606-¬608, said Public Records.
PARCEL 2
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 31, Township 43 South, Range 25 East, being further described as follows:
Tract “A”, RIVERBEND EAST Subdivision, Plat Book 34, Page 13, Lee County Public Records.
(Parcel 2 continued)
LESS AND EXCEPT the following described tract or parcel of land:
BEGINNING at the Southeast corner of Lot 56, said RIVERBEND EAST Subdivision; thence N.08°54'41”W. along the common boundary between said Tract “A” and said Lot 56, for 91.30 feet; thence S.89°16'24”E. for 5.00 feet; thence S.08°54'41”E. for 91.30 feet; thence N.89°16'24”W. for 5.00 feet to the POINT OF BEGINNING.
Said less parcel contains 450.05 square feet or 0.010 acres, more or less.
Said Parcel 2 contains 462656.33 square feet or 10.62 acres, more or less.
PARCEL 3
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 31, Township 43 South, Range 25 East, being further described as follows:
Tract “B”, RIVERBEND EAST Subdivision, Plat Book 34, Page 13, Lee County Public Records.
LESS AND EXCEPT the following described tract or parcel of land:
COMMENCING at the Easterly corner of said Tract “B” at the South end on Coon Road, on the North-South quarter Section line of said Section 31, lying S.00°39'58”W along said North-South quarter Section line, for 890.53 feet from the center of said Section 31; thence S.00°39'58”W along said North-South quarter Section line and the boundary of said Tract “B”, for 144.32 feet; thence S.36°19'11”W., along said boundary of Tract “B”, for 326.00 feet to the POINT OF BEGINNING; thence continue S.36°19'11”W. along said boundary for 901.33 feet; thence N.07°38'07”W. for 244.92 feet; thence N.36°19'11”E. for 600.00 feet; thence N.89°59'23”E. for 211.02 feet to the POINT OF BEGINNING.
Said less parcel contains 127613.18 square feet or 2.93 acres, more or less.
ALSO LESS:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 31, Township 43 South, Range 25 East, being a part of Tract “B”, RIVERBEND EAST Subdivision, Plat Book 34, Page 13, Lee County Public Records and being further bounded and described as follows:
BEGINNING at the Southeast corner of Lot 16 of said RIVERBEND EAST
(Parcel 3 continued)
Subdivision on the boundary of said Tract “B”; thence S.28°36'17”E. for 22.20 feet; thence S.50°32'16”W. for 76.97 feet; thence S.43°11'31”W. for 75.47 feet; thence N.46°56,05”W. for 36.50 feet to the Southwest corner of Lot 15 of said RIVERBEND EAST Subdivision; thence N.47°56'38”E. along the common boundary of said Lot 15 and said Tract “B”, for 80.56 feet; thence N.56°30'05”E. along the common boundary of said Lot 16 and said Tract “B”, for 80.70 feet to the POINT OF BEGINNING.
Said less parcel contains 4644.65 square feet or 0.11 acres, more or less.
ALSO LESS:
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 31, Township 43 South, Range 25 East, being a part of Tract “B”, RIVERBEND EAST Subdivision, Plat Book 34, Page 13, Lee County Public Records and being further bounded and described as follows:
BEGINNING at the Easterly corner of said Tract “B” at the South end on Coon Road, on the North-South quarter Section line of said Section 31, lying S.00°39'58”W along said North-South quarter Section line, for 890.53 feet from the center of said Section 31; thence continue S.00°39'58”W. along said North- South quarter Section line and the boundary of said Tract “B”, RIVERBEND EAST Subdivision, for 144.32 feet; thence S.36°19'11”W. along said boundary for 118.00 feet; thence N.00°39'58”E. for 60.26 feet; thence N.78°37'12”E. for 17.29 feet; thence N.70°31'16”E. for 14.57 feet; thence N.59°45'34”E. for 14.37 feet; thence N.39°53'31”E. for 16.36 feet; thence N.17°18'15”E. for 24.23 feet; thence N.01°43'09”W. for 24.82 feet; thence N.10°38'56”W. for 24.63 feet; thence N.17°17'57”W. for 24.50 feet; thence N.23°07'44”W. for 25.32 feet; thence N.28°20'37”W. for 23.74 feet; thence N.36°52'27”W. for 21.38 feet; thence N.70°08'14”E. for 28.68 feet to the Westerly right of way line of said Coon Road; thence S.00°38'51”W. along said right of way line for 14.08 feet; thence S.89°12'40”E. along the South end of said Coon Road for 29.90 feet to the POINT OF BEGINNING.
Said less parcel contains 5280.97 square feet or 0.121 acres, more or less.
Said Parcel 3 contains 367406.26 square feet or 8.43 acres, more or less.
PARCEL 4
A tract or parcel of land situated in the State of Florida, County of Lee, lying in Section 31, Township 43 South, Range 25 East and Section 6, Township 44 South, Range 25 East, being further bounded and described as follows:
(Parcel 4 continued)
COMMENCING at the centerline intersection of Sam Snead Lane, N.E. and River Club Court (formerly Walter Hagen Court, N.E. as shown on the plat of RIVERBEND EAST, a subdivision recorded in Plat Book 34, Page 13, Lee County Public Records); thence S.81°00'08”E along the centerline of said River Club Court, for 136.97 feet; thence S.08°59'52”W for 25.00 feet to the Southerly right of way line of said River Club Court to the POINT OF BEGINNING, being the beginning of a non-tangent curve to the left having a radius of 100.00 feet, delta angle of 24°01'37”, chord bearing N.86°58'04”E., chord distance of 41.63 feet, thence along said curve and said right of way line for an arc length of 41.93 feet; thence S.00°31'07”E. along the Westerly right of way line of River Shore Court, UNIT TWO RIVERWATCH Subdivision, Plat Book 59, Page 70, said Public Records, for 134.76 feet to the beginning of a non-tangent curve to the right having a radius of 50.00 feet, delta angle of 22°40'52”, chord bearing S.56°23'42”W., chord distance of 19.66 feet, thence along said curve and said right of way line for an arc length of 19.79 feet to the beginning of a reverse curve to the left having a radius of 67.50 feet, delta angle of 31°51'34”, chord bearing S.51°48'20”W., chord distance of 37.05 feet, thence along said curve and said right of way line for an arc length of 37.53 feet; thence S.35°52'33”W. along said right of way line for 162.94 feet; thence S.22°50'39”W. along said right of way line for 195.51 feet to the beginning of a curve to the right having a radius of 90.00 feet, delta angle of 56°30'53”, chord bearing S.51°06'05”W., chord distance of 85.22 feet, thence along said curve and said right of way line for an arc length of 88.77 feet to the beginning of a reverse curve to the left having a radius of 55.00 feet, delta angle of 156°50'10”, chord bearing S.00°56'27”W., chord distance of 107.76 feet, thence along said curve and said right of way line for an arc length of 150.55 feet; thence S.01°07'31”W. along the boundary of Lot 7, said UNIT TWO RIVERWATCH Subdivision, for 92.07 feet; thence N.49°12'05”W. for 144.34 feet; thence N.40°47'52”E. for 74.66 feet; thence N.00°01'02”W. for 306.32 feet; thence N.03°04'02”W. for 194.41 feet; thence N.89°59'39”W. for 209.38 feet to the Easterly right of way line of Marsh Point Lane, UNIT 1 MARSH POINT Subdivision, Plat Book 57, Page 38, said Public Records; thence N.00°00'21”E. along said right of way line, for 59.30 feet to the beginning of a curve to the right having a radius of 300.00 feet, delta angle of 24°12'45”, chord bearing N.12°06'43”E., chord distance of 125.84 feet, thence along said curve and along said right of way line for an arc length of 126.78 feet to the beginning of a curve to the right having a radius of 30.00 feet, delta angle of 89°23'06”, chord bearing N.68°54'39”E., chord distance of 42.20 feet, thence along said curve and said right of way line for an arc length of 46.80 feet to the Southerly line of a 50.00 foot wide ingress-egress easement as described in Official Records Book 1625, Pages 606-608, said Public Records; thence, leaving said subdivision boundary, N.23°36'02”E. for 15.00 feet; thence S.66°23'48”E. parallel with and 15.00 feet Northerly of (as measured on a perpendicular) said Southerly line of a 50.00 foot wide ingress-egress easement, for 121.91 feet; thence S.23°36'12”W. for 15.00 feet
(Parcel 4 continued)
to said Southerly easement line; thence S.66°23'48”E. along said Southerly easement line for 52.15 feet, more or less to the center of the Easterly branch of Indian Creek; thence S.81°01'07”E. along said Southerly right of way line of River Club Court for 302.80 feet to the POINT OF BEGINNING.
Said Parcel 4 contains 183186.81 square feet or 4.21 acres, more or less.
Parcel subject to said 50.00 foot wide ingress-egress easement over that part lying Northerly of the Southerly line of said easement as described in herein and as shown in said Official Records Book 1625, Pages 606-608, Westerly of the centerline of said Indian Creek
Said sale will be made pursuant to and in order to satisfy the terms of said Final Judgment of Foreclosure and Order of Sale..
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 Sheila Mann, Court Operations Manager, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1700, within two working days of your receipt of this Notice of Sale; if you are hearing or voice impaired, call 711.
Dated: August 13, 2018.
s/ Colleen E. Miller
Colleen E. Miller
Florida Bar No. 43777
[email protected]
Philip v. Martino
Florida Bar No. 79189
[email protected]
QUARLES & BRADY LLP
101 East Kennedy Blvd., Ste 3400
Tampa, FL 33602-5195
Tel. 813/387-0300
Fax 813/387-1800
Attorneys for Plaintiff
Aug. 17, 24, 31; Sept. 7, 2018 18-02855L