23-01111C

NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA
CASE NO.: 2022 CA 000579
FIFTH THIRD BANK, NATIONAL
ASSOCIATION,
Plaintiff, vs.
MARTHA BRINEY; ROGER D. BRINEY; EAGLE CREEK VILLA HOMES NO. 1 NEIGHBORHOOD ASSOCIATION, INC.; EAGLE CREEK COMMUNITY ASSOCIATION, INC.; UNKNOWN
TENANT #1; UNKNOWN TENANT #2;
Defendant(s).
NOTICE IS HEREBY GIVEN that sale will be made pursuant to a Final Judgment. Final Judgment was awarded on May 17, 2023 in Civil Case No. 2022 CA 000579, of the Circuit Court of the TWENTIETH Judicial Circuit in and for Collier County, Florida, wherein, FIFTH THIRD BANK, NATIONAL ASSOCIATION is the Plaintiff, and MARTHA BRINEY; ROGER D. BRINEY; EAGLE CREEK VILLA HOMES NO. 1 NEIGHBORHOOD ASSOCIATION, INC.; EAGLE CREEK COMMUNITY ASSOCIATION, INC. are Defendants.
The Clerk of the Court, Crystal K. Kinzel will sell to the highest bidder for cash at 3315 Tamiami Trail East, Naples FL 34112 on June 15, 2023 at 11:00:00 AM EST the following described real property as set forth in said Final Judgment, to wit:
ALL THAT PART OF TRACT “C” ACCORDING TO THE TRACT MAP OF “EAGLE CREEK COUNTRY CLUB” AS RECORDED IN PLAT BOOK 14, PAGES 1-5, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHERLY MOST CORNER OF SAID TRACT “C”:
THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT “C” NORTH 60°-20'-00” EAST 492.67 FEET; THENCE ALONG THE SOUTHEAST LINE OF SAID TRACT “C” NORTH 12°-12'-00” EAST 190.51 FEET; THENCE LEAVING SAID LINE NORTH 77°-48'-00” WEST 3.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 12°-12'-00” WEST 33.0 FEET: THENCE NORTH 77°-40'-00” WEST 107.66 FEET: THENCE NORTH 11°-12'-00” EAST 13.00 FEET; THENCE NORTH 77°-48'-00” WEST 43.42 FEET; THENCE NORTHERLY 6.78 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURE CONCAVE TO THE WEST HAVING A RADIUS OF 200.00 FEET THROUGH A CENTRAL ANGLE OF 1°-56'-16” AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 8°-42'-18” EAST 6.78 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY 13.34 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 141.00 FEET, THROUGH A CENTRAL ANGLE OF 5°-25'-13” AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 5°- 01'-24” EAST 13.33 FEET; THENCE SOUTH 77°-48'-00” EAST 150.15 FEET TO THE POINT OF BEGINNING:
DESCRIPTION OF A PROPOSED INGRESS, EGRESS, DRAINAGE AND UTILITY EASEMENT, FUTURE TRACT “C”, WITHIN EAGLE CREEK COUNTRY CLUB (NOT A RECORDED SUBDIVISION); BEING PART OF SECTION 3 AND PART OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALL THAT PART OF SECTION 3 AND ALL THAT PART OF SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 4; THENCE ALONG THE EAST AND WEST 1/4 LINE OF SAID SECTION 4,
SOUTH 88°-31'-24” WEST 17.34 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY 190.35 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 87°-15'- 05.5” AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 07°-22'-27” EAST 172.49 FEET; THENCE SOUTH 51°-00'-00” EAST 294.45 FEET; THENCE SOUTH 66°-00'-00” WEST 365.30 FEET TO A POINT ON A CURVE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 66°-00'-00” WEST 50.44 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 144.79 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 259.24 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 32°-24'-00” EAST 142.91 FEET; THENCE SOUTH 48°-24'-00” EAST 82.68 FEET; THENCE SOUTHEASTERLY 147.34 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 134.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 79°-54'-00” EAST 140.03 FEET; THENCE
NORTH 68°-36'-00” EAST 32.98 FEET; THENCE EASTERLY AND SOUTHEASTERLY 179.25 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 131.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 72°-12'-00” EAST 165.59 FEET; THENCE SOUTH 33°-00'-00” EAST 47.08 FEET; THENCE SOUTHEASTERLY 55.57 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 80.61 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 52°-45'-00” EAST 54.48 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY 45.38 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 59°-30'-00” EAST 44.99 FEET; THENCE SOUTH 46°-30'-00” EAST 57.95 FEET; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY 139.68 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 106.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 8°-45'-00” EAST 129.79 FEET; THENCE SOUTH 29°-00'-00” WEST 78.26 FEET TO A POINT HEREINAFTER REFERRED TO AS “POINT A”; THENCE SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY 285.05 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 114.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 42°-38'-00” EAST 216.39 FEET; THENCE NORTH 65°-44'-00” EAST 92.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 202.46 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 200.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 36°-44'-00” EAST 193.92 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY AND NORTHWESTERLY 221.48 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 141.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 37°-16'-00” WEST 199.40 FEET; THENCE NORTH 82°-16'-00” WEST 24.00 FEET; THENCE NORTHWESTERLY 140.67 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 130.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 51°-16'-00” WEST 133.91 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 81.89 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 102.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 43°-16'-00” WEST 79.71 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY 54.23 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 239.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 72°-46'-00” WEST 54.11 FEET; THENCE NORTH 79°-16'-00” WEST 54.99 FEET; THENCE NORTHWESTERLY 61.24 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 106.76 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 62°-50'-00” WEST 60.41 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 59.71 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 181.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 55°-51'-05” WEST 59.44 FEET TO A POINT ON SAID CURVE; THENCE LEAVING SAID CURVE ALONG A NON-TANGENTIAL LINE NORTH 18°-34'-00” EAST 32.79 FEET; THENCE NORTH 17°-40'-00” WEST 43.40 FEET; THENCE NORTH 53°-54'-00” WEST 119.61 FEET; THENCE SOUTH 81°-06'-00” WEST 54.95 FEET; THENCE SOUTH 36°-06'-00” WEST 94.19 FEET; THENCE SOUTH 18°-40'-02” WEST 70.70 FEET TO A POINT ON A CURVE; THENCE NORTHWESTERLY 31.63 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 84.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 59°-11'-12” WEST 31.44 FEET; THENCE NORTH 48°-24'-00” WEST 82.68 FEET; THENCE NORTHWESTERLY 116.86 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 209.24 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 32°-24'-00” WEST 115.35 FEET; THENCE NORTH 16°-24'-00” WEST 6.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: COMMENCING AT THE PREVIOUSLY MENTIONED “POINT A”: THENCE SOUTH 61°-00'-00” EAST 50.00 FEET TO A POINT ON A CURVE AND TO THE POINT OF BEGINNNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY 160.03 FEET ALONG THE ARC OF A NONTANGENTIAL CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 64.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 42°-38'-00” EAST 121.48 FEET; THENCE NORTH 65°-44'-00” EAST 92.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 151.84 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 150.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 36°-44'-00” EAST 145.44 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY AND NORTHWESTERLY 142.94 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 91.00 FEET AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 37°-16'-00” WEST 128.69 FEET; THENCE NORTH 82°-16'-00” WEST 77.34 FEET; THENCE SOUTH 29°-00'-00” WEST 203.32 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD AND EASEMENTS TO BE CREATED UPON RECORDATION OF THE PROPOSED PLAT OF EAGLE CREEK COUNTRY CLUB; CONTAINING 3.05 ACRES, MORE OR LESS.
AND
TRACT R OF EAGLE CREEK COUNTRY CLUB AS SHOWN ON PLAT IN PLAT BOOK 14, PAGES 1-5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
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 before the clerk reports the surplus as unclaimed.
IMPORTANT
AMERICANS WITH DISABILITIES ACT: 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 Charles Rice, Administrative Services Manager, whose office is located at 3315 East Tamiami Trail, Suite 501, Naples, Florida 34112, and whose telephone number is (239) 252-8800, 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.
Dated this 24 day of May, 2023.
ALDRIDGE PITE, LLP
Attorney for Plaintiff
5300 West Atlantic Avenue, Suite 303
Delray Beach, FL 33484
Telephone: 561-392-6391
Facsimile: 561-392-6965
Digitially signed by Zachary Ullman
Date: 2023-05-24
13:50:37
By: Zachary Y. Ullman Esq
FBN: 106751
Primary E-Mail:
[email protected]
1599-371B
June 2, 9, 2023 23-01111C