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NOTICE OF ACTION
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL COURT
IN AND FOR LEE COUNTY, FLORIDA
Case No.: 18-CA-005077
SAKS FLORIDA, LLC, a Florida
limited liability company,
Plaintiff, v.
OB Real Estate Holdings 1704, LLC,
a Florida limited liability company, and Fisher Reif International, LLC, a Delaware limited liability company,
Defendants.
TO:
FISHER REIF INTERNATIONAL, LLC
YOU ARE NOTIFIED that an action for reformation of deed concerning the following property in Lee County, Florida:
Parcel No. 1:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of the Northeast one quarter (NE ¼) of Section 29, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the concrete monument at the Southeast corner of said Northeast one quarter (NE ¼), said point being in the centerline of A & W Bulb Road (66.00 feet wide); thence South 89º 45' 47” West along the South line of said fraction of a section a distance of 33.00 feet to a point on the West right-of-way line of said A & W Bulb Road; thence North 01º 04' 00” West along said right-of-way line a distance of 1594.74 feet to the point of beginning; Thence continuing North 01º 04' 00” West along said right-of-way line for 572.93 feet; Thence South 45º 48' 00” West for 411.32 feet; Thence North 44º 12' 00” West for 275.00 feet; Thence South 45º 48' 00” West along the Southeasterly right-of-way line of McGregor Boulevard (80.00 feet wide) for 429.98 feet; Thence South 44º 12' 00” East for 300.00 feet; Thence North 45º 48' 00” East for 30.00 feet; Thence North 88º 56' 00” East for 574.96 feet to the point of beginning; being FOREST VILLAGE CONDOMINIUM - PHASE I according to Declaration of Condominiums recorded in Official Records Book 1613, Page 124, Public Records of Lee County, Florida.
EXCEPTING THEREFROM LANDS DESCRIBED AS FOLLOWS:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of the Northeast one quarter (NE ¼) of Section 29, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the concrete monument at the Southeast corner of said Northeast one quarter (NE ¼), said point being in the centerline of A & W Bulb Road (66.00 feet wide); thence South 89º45'27” West along the South line of said fraction of a section a distance of 33.00 feet to a point on the West Right-of-Way line of said A & W Bulb Road; Thence North 01º 04' 00” West along said Right-of-Way line a distance of 2167.67 feet; Thence South 45º 48' 00” East a distance of 411.32 feet; Thence North 44º 12' 00” West a distance of 40.00 feet to the point of beginning of the herein described parcel; Thence continuing North 44º 12' 00” West a distance of 235.00 feet to a point on the Southeasterly right-of-way line of McGregor Boulevard (80.00 feet wide); Thence South 45º 48' 00” West along said right-of-way line a distance of 316.48 feet; Thence South 44º 12' 00” East a distance of 84.00 feet; Thence North 45º 48' 00” East a distance of 110.00 feet; Thence South 44º 12' 00” East a distance of 50.00 feet; Thence South 10º 37' 10” West a distance of 137.43 feet; Thence North 88º 56' 00” East a distance of 160.00 feet; Thence North 01º 04' 00” West a distance of 120.00 feet; Thence North 45º 48' 00” East a distance of 120.00 feet to the Point of Beginning. (FOREST VILLAGE CONDOMINIUM, BUILDING AREA 1, PHASE I)
ALSO EXCEPTING THEREFROM LANDS DESCRIBED AS FOLLOWS:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of the Northeast one quarter (NE ¼) of Section 29, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the concrete monument at the Southeast corner of said Northeast one quarter (NE ¼), said point being in the centerline of A & W Bulb Road (66.00 feet wide); thence South 89º45'47” West along the South line of said fraction of a section a distance of 33.00 feet to a point on the West Right-of-Way line of said A & W Bulb Road; Thence North 01º 04' 00” West along said Right-of-Way line a distance of 2167.67 feet; Thence South 45º 48' 00” West a distance of 411.32 feet; Thence North 44º 12' 00” West a distance of 275.00 feet to a point on the Southeasterly right-of-way line of McGregor Boulevard (80.00 feet wide); Thence South 45º 48' 00” West along said right-of-way line a distance of 316.48 feet to the point of beginning of the herein described parcel; Thence continuing South 45º 48' 00” West along said right-of-way line a distance of 113.50 feet; Thence South 44º 12' 00” East a distance of 260.00 feet; Thence North 45º 48' 00” East a distance of 70.00 feet; thence North 02º 52' 25” West a distance of 62.35 feet; Thence North 10º 37' 10” East a distance of 137.43 feet; Thence North 44º 12' 00” West a distance of 50.00 feet; Thence South 45º 48' 00” West a distance of 110.00 feet; Thence North 44º 12' 00” West a distance of 84.00 feet to the Point of Beginning. (FOREST VILLAGE CONDOMINIUM, BUILDING AREA 2, PHASE I)
ALSO EXCEPTING THEREFROM LANDS DESCRIBED AS FOLLOWS:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of the Northeast one quarter (NE ¼) of Section 29, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the concrete monument at the Southeast corner of said Northeast one quarter (NE ¼), said point being in the centerline of A & W Bulb Road (66.00 feet wide); Thence S 89º 45' 47” W along the South line of said fraction of a section a distance of 33.00 feet to a point on the West right of way line of said A & W Bulb Road; thence N 01º 04' 00” W along said right of way line a distance of 2,167.67 feet; thence S 45º 48' 00” W a distance of 411.32 feet to a Point of Beginning; thence N 44º 12' 00” W 40.00 feet; thence S 45º 48' 00” W 120.00 feet; thence S 01º 04' 00” E 120.00 feet; thence S 88º 56' 00” W 160.00 feet; thence S 02º 52' 25” E 62.35 feet; thence S 45º 48' 00” W 70.00 feet; thence S 44º 12' 00” E 40.00 feet; thence N 45º 48' 00” E 30.00 feet; thence N 88º 56' 00” E 274.79 feet: thence N 01º 04' 00” W 291.71 feet to the Point of Beginning.
Bearings based on the centerline of A & W Bulb Road as bearing N 01º 04' 00” W.
Said Parcel subject to easements, restrictions, reservations, and rights of way (written and unwritten, recorded and unrecorded).
RESERVING TO THE PARTY OF THE FIRST PART AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES TO FIRST PARTIES' REMAINING PROPERTY OVER AND ACROSS THE FOLLOWING DESCRIBED PARCEL:
A tract or parcel of land situated in the State of Florida, County of Lee, being a part of the Northeast one quarter (NE ¼) of Section 29, Township 45 South, Range 24 East and further bounded and described as follows:
Starting at the concrete monument at the Southeast corner of said Northeast one quarter (NE ¼), said point being in the centerline of A & W Bulb Road (66.00 feet wide); thence S 89º 45' 47” W along the South line of said fraction of a section a distance of 33.00 feet to a point on the West right-of-way line of said A & W Bulb Road; thence N 01º 04' 00” W along said right-of-way line a distance of 2167.67 feet; thence S 45º 48' 00” W a distance of 411.32 feet; thence S 01º 04' 00” E for 291.71 feet to the Point of Beginning; thence S 88º 56' 00” W for 274.79 feet; thence S 45º 48' 00” W for 30.00 feet; thence N 44º 12' 00” W for 40.00 feet; thence N 45º 48' 00” E for 45.81 feet: thence N 88º 56' 00” E for 290.60 feet; thence S 01º 04' 00” E for 40.00 feet to the Point of Beginning.
Said easement contains 12,800 square feet, more or less.
Bearings based on the centerline of A & W Bulb Road as bearing N 01º 04' 00” W.
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on Barnes Walker, Goethe, Hoonhout, Perron & Shea, PLLC, the Plaintiff's attorney, whose address is 3119 Manatee Avenue West, Bradenton, Florida 34205, on or before Monday, January 14, 2019, and file the original with the Clerk of this Court either before service on the Plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.
DATED: 12/04/2018
LINDA DOGGETT
CLERK OF THE COUNTY COURT
(SEAL) By: K. Hammond
As Deputy Clerk
Barnes Walker, Goethe,
Hoonhout, Perron & Shea, PLLC,
the Plaintiff's attorney
3119 Manatee Avenue West
Bradenton, Florida 34205
Dec. 7, 14, 21, 28, 2018 18-04372L