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NOTICE OF ACTION
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
CASE NO.: 23-CC-1419
COMPASS POINTE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation,
Plaintiff, vs.
BETTY JANE HAMILTON, if living and if dead, et al.,
Defendants.
TO: ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST, THE NAMED DEFENDANTS, WHETHER LIVING OR NOT, AND WHETHER SAID UNKNOWN PARTIES CLAIMS AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR IN ANY OTHER CAPACITY, CLAIMING BY, THROUGH, UNDER, OR AGAINST THE NAMED DEFENDANTS
5924 CRANBROOK WAY, UNIT E203
NAPLES, FL 34112
YOU ARE HEREBY NOTIFIED that an action to Foreclose a Lien for unpaid homeowners' association assessments on the following real property located in Lee County, Florida:
(SEE SCHEDULE “A” FOR LEGAL DESCRIPTION).
SCHEDULE “A”
UNIT 208. SOUTH POINTE SUBDIVISION. LEE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF.
TOGETHER WITH AN EXCLUSIVE EASEMENT OVER AND ACROSS THE “LIMITED COMMON ELEMENT” AS DESCRIBED IN EXHIBIT “B” ATTACHED HERETO, FOR THE USE AND ENJOYMENT OF THE GRANTEE NAMED HEREIN. TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS. RESTRICTIONS OF COMPASS POINTE AS RECORDED IN OFFICIAL RECORDS BOOK 1520, PAGES 1329 THROUGH 1386. INCLUSIVE. AND AS AMENDED IN THE FOLLOWING O.R. BOOK AND PAGES O.R. BOOK 1547, PAGE 2125, O.R. BOOK 1560. PAGE 898 O.R. BOOK 1569, PAGE 1512. O.R. BOOK 1579. PAGE 1, O.R. BOOK 1604, PAGE 594, O.R. BOOK 1622, PAGE 136. O.R. BOOK 1656. PAGE 4789. O.R. BOOK 1673. PAGE 4172, O.R. BOOK 1717. PAGE 692. O.R. BOOK 1720. PAGE 1692, AND AMENDED IN O.R. BOOK 1815. PAGE 3026. ALL IN THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
EXHIBIT “A”
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA. COUNTY OF LEE, SECTION 21, TOWNSHIP 45 SOUTH. RANGE 24 EAST. AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
STARTING AT A 4” X 4” CONCRETE MONUMENT (SET BY DUANE HALL AND ASSOCIATES, INC., IN DECEMBER OF 1979) MARKING THE WEST END OF A CURVE HAVING A RADIUS OF 1220.00 FEET, BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF CAMELOT DRIVE (100.00 FEET WIDE) AS PER THE PLAT OF SAID SOUTH POINTE SUBDIVISION AND TO WHICH POINT A RADIAL LINE BEARS N 00 DEGREES 24'16” E; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 30 DEGREES 46'31” FOR 655.30 FEET; THENCE S 58 DEGREES 52'09” E ALONG SAID RIGHT-OF-WAY LINE FOR 158.48 FEET; THENCE S 31 DEGREES 07'51” W FOR 46.22 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 DEGREES 02'05” FOR 29.79 FEET; THENCE S 00 DEGREES 05'46” W FOR 307.96 FEET; THENCE N 89 DEGREES 54'14” W FOR 139.98 FEET; THENCE N 00 DEGREES 05'46” E FOR 323.62 FEET; THENCE N 89 DEGREES 54'14” W FOR 57.93 FEET; THENCE N 55 DEGREES 11'11” w FOR 10.22 FEET; THENCE N 89 DEGREES 54”14” W FOR 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N 89 DEGREES 54'14” W ALONG THE CENTERLINE OF A WALL SEPARATING UNIT 208 FROM UNIT 209 FOR 42.33 FEET; THENCE S 00 DEGREES 05'46” W ALONG THE OUTSIDE SURFACE OF A CONCRETE BLOCK WALL FOR 17.00 FEET; THENCE N 89 DEGREES 54'14” W ALONG THE EDGE OF A CONCRETE PATIO FOR 6.33 FEET; THENCE S 00 DEGREES 05'46” W ALONG SAID PATIO FOR 21.00 FEET; THENCE S 89 DEGREES 54'14” E ALONG UNIT 207 FOR 12.67 FEET; THENCE CONTINUE S 89 DEGREES 54'14” E ALONG THE CENTERLINE OF A WALL SEPARATING SAID UNIT 207 FROM SAID UNIT 208 FOR 25.00 FEET; THENCE N 00 DEGREES 05'46” E ALONG SAID CONCRETE BLOCK WALL FOR 10.67 FEET; THENCE CONTINUE N 00 DEGREES 05'46” E ALONG THE EDGE OF A CONCRETE SLAB FOR 5.00 FEET; THENCE S 89 DEGREES 54'14” E ALONG SAID WALL FOR 11.00 FEET; THENCE N 00 DEGREES 05'46” E ALONG SAID WALL FOR 22.33 FEET TO THE POINT OF BEGINNING.
EXHIBIT “B”
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, SECTION 21. TOWNSHIP 45 SOUTH, RANGE 24 EAST, AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
STARTING AT A 4” X 4” CONCRETE MONUMENT (SET BY DUANE HALL & ASSOCIATES, INC., IN DECEMBER OF 1979) MARKING THE WEST END OF A CURVE HAVING A RADIUS OF 1220.00 FEET, BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF CAMELOT DRIVE (100.00 FEET WIDE) AS PER THE PLAT OF SAID SOUTH POINTE SUBDIVISION AND TO WHICH POINT A RADIAL LINE BEARS N 00 DEGREES 24'16” E; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 30 DEGREES 46'31” FOR 655.30 FEET; THENCE S 58 DEGREES 52'09” E ALONG SAID RIGHT-OF-WAY LINE FOR 158.48 FEET; THENCE S 31 DEGREES 07'51” W FOR 46.22 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 DEGREES 02'05” FOR 29.79 FEET; THENCE S 00 DEGREES 05'46” W FOR 307.96 FEET; THENCE N 89 DEGREES 54'14” WEST FOR 139.98 FEET; THENCE N 00 DEGREES 05'46” E FOR 323.62 FEET; THENCE N 89 DEGREES 54'14” W FOR 57.93 FEET; THENCE N 55 DEGREES 11'11”W FOR 10.22 FEET; THENCE N 89 DEGREES 54'14” W FOR 15.00 FEET; THENCE CONTINUE N 89 DEGREES 54'14” W ALONG THE CENTERLINE OF A WALL SEPARATING UNIT 208 FROM UNIT 209 FOR 42.33 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE S 00 DEGREES 05'46” W ALONG THE OUTSIDE SURFACE OF A CONCRETE BLOCK WALL FOR 17.00 FEET; THENCE N 89 DEGREES 54'14” W ALONG THE EDGE OF A CONCRETE PATIO FOR 6.33 FEET; THENCE S 00 DEGREES 05'46” W ALONG SAID PATIO FOR 21.00 FEET; THENCE N 89 DEGREES 54'14” W FOR 20.34 FEET; THENCE N 00 DEGREES 05'46” E FOR 38.00 FEET;
THENCE S 89 DEGREES 54'14” E FOR 26.67 FEET TO THE POINT OF BEGINNING.
has been filed against you, ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST, THE NAMED DEFENDANTS, WHETHER LIVING OR NOT, AND WHETHER SAID UNKNOWN PARTIES CLAIMS AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, OR IN ANY OTHER CAPACITY, CLAIMING BY, THROUGH, UNDER, OR AGAINST THE NAMED DEFENDANTS and you are required to serve a copy of your written defenses, if any, to it on Plaintiff's attorney, whose name and address is as follows:
Jennifer A. Nichols, Esquire
Roetzel & Andress, LPA
999 Vanderbilt Beach Rd., Suite 401 Naples, FL 34108
and file the original with the Clerk of this Court either before service on Plaintiff's Attorney or immediately thereafter within thirty (30) days after the first publication of this Notice; or otherwise a default will be entered against you for the relief demanded in the Complaint for Foreclosure.
Dated on: 03/13/2023.
KEVIN C. KARNES,
CLERK OF COURTS
(SEAL) By: C. Richardson Deputy Clerk
Jennifer A. Nichols, Esquire
Roetzel & Andress, LPA
999 Vanderbilt Beach Rd., Suite 401 Naples, FL 34108
19589749 _1 136946.0009
March 17, 24, 2023 23-00799L