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NOTICE OF SALE UNDER F.S. 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, v.
EAGLE CREEK GOLF AND COUNTRY CLUB, INC., a Florida Not for Profit Corporation, et al.
Defendant(s).
NOTICE IS GIVEN that, in accordance with the Final Judgment of Reforeclosure dated July 11, 2024, in the above-styled cause, Crystal K. Kinzel, Collier County Clerk of the Courts will sell to the highest and best bidder for cash at the Courthouse located at 3315 Tamiami Trail East, Suite 102, Naples, FL 34112 at 11:00 a.m. on September 19, 2024, the following described property
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 BEIONG 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 13.0 FEET;
THENCE NORTH 77° 48' 00” WEST 4.42 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 NORTHLY 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 ¼ CORNER OF SAID SECTION 4; THENCE ALONG THE EAST AND WEST ¼ 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 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 WOUTHEASTERLY 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 ALONHG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 106.00 FEET AND BEING SUTENDED BY A CHORD WHICH BEARS WOTH 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 AS 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 SUTENDED 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 BEAR 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” WESTN 54.95 FEET; THENCE SOUTH 36° 06' 00” WEST 94.19 FEET; THENCE SOUTH 18° 40' 02” WEST 70.70FEET 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;
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:
COMMENDING 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 BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY 160.03 FEET ALONG THE ARC OF A NON-TANGETIAL 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 FEETALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 150.00 FEET AND BEING SUTENDED 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 EGINNING OF THE PARCEL HEREIN DESCRIBED; SUBJECT TO EASTMENTS AND RESTRICTIONS OF RECORD TO BE CREATED UPON RECORDATION OF THE PROPOSED PLAT OF EAGLE CREEK COUNTY CLUB; CONTAING 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.
AKA: 178 Cypress View Drive, Naples, FL 34113.
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.
This Notice of Sale shall be published for two (2) consecutive weeks in the Business Observer.
LIEBLER, GONZALEZ &
PORTUONDO
Attorneys for Plaintiff
Courthouse Tower - 25th Floor
44 West Flagler Street
Miami, FL 33130
(305) 379-0400
Primary email: [email protected]
By:/s/ Ira Scot Silverstein
JAMES R. LIEBLER, II
Florida Bar No. 115348
IRA SCOT SILVERSTEIN
Florida Bar No. 0009636
Jul. 26; Aug. 2, 2024 24-01445C