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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
CASE NO.: 24-CA-004816
TOWLES GARDEN ASSET LENDER SPV LLC and PRIMA LUCE ASSET LENDER SPV LLC,
Plaintiffs, v.
TOWLES GARDEN LLC; PRIMA LUCE LLC; ROBERT A. MACFARLANE; COVE SPV1, LLC;
SYNERGY RENTS, LLC; EASY SHELL CONSTRUCTION, LLC; JAXI BUILDERS, INC.; BERKEL & COMPANY, CONTRACTORS, INC.;
HERON INVESTMENTS, LTD.; and ALL UNKNOWN PARTIES IN POSSESSION AND ALL PARTIES HAVING OR CLAIMING BY,
THROUGH OR AGAINST BORROWER; and ALL PARTIES CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE
PROPERTY DESCRIBED IN THE COMPLAINT,
Defendants
NOTICE IS GIVEN that pursuant to the Final Judgment of Foreclosure entered on the 7th day of January, 2025 and Order Granting Plaintiffs' Amended Urgent Motion to Reset Foreclosure Sale for Earliest Available Date entered on the 7th day of February, 2025, in Civil Action No. 24-CA-004816, of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida, in which TOWLES GARDEN LLC, PRIMA LUCE LLC, ROBERT A. MACFARLANE, COVE SPV1, LLC, SYNERGY RENTS, LLC, EASY SHELL CONSTRUCTION, LLC, JAXI BUILDERS, INC., BERKEL & COMPANY, CONTRACTORS, INC., and HERON INVESTMENTS, LTD. are the Defendants, and TOWLES GARDEN ASSET LENDER SPV LLC and PRIMA LUCE ASSET LENDER SPV LLC are the Plaintiffs, Kevin C. Karnes, Clerk of Court, Lee County will sell to the highest and best bidder for cash on the 13th of March, 2025 at 9:00 a.m. by electronic sale at www.lee.realforeclose.com, the following described real property in Lee County, Florida:
Prima Luce, LLC Property
Parcel 1
Lots 7 and 8, Block B, DEAN'S SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 24, of the Public Records of Lee County, Florida.
Parcel 2
All those certain submerged lands lying within the Caloosahatchee River, Lee County, Florida, and being more particularly described as follows, to wit:
Beginning at a point on the face of the seawall located at or near the northwesterly corner of Lot 7, Block B, Deans Subdivision, as recorded in the Clerk of Courts Office for the County of Lee, State of Florida, in Plat Book 4, Page 24; thence in a northerly direction being an extension of the westerly property line of said Lot 7 to the Bulkhead Line; thence along said Bulkhead Line in an easterly direction, to a point which would intersect with the easterly property line of said Lot 7, extended in a northerly direction; thence in a southerly direction along said easterly line extended, to a point on the aforesaid seawall, located at or near the northeasterly corner of said Lot 7; thence in a westerly direction along said seawall, to the point of beginning.
AND
All those certain submerged lands lying within the Caloosahatchee River, Lee County, Florida, and being more particularly described as follows, to wit:
Beginning at a point on the face of the seawall located at or near the northwesterly corner of Lot 8, Block B, Deans Subdivision, as recorded in the Clerk of Courts Office for the County of Lee, State of Florida, in Plat Book 4, Page 24; thence in a northerly direction being an extension of the westerly property line of said Lot 8 to the Bulkhead Line; thence along said Bulkhead Line in an easterly direction, to a point which would intersect with the easterly property line of said Lot 8, extended in a northerly direction; thence in a southerly direction along said easterly line extended, to a point on the aforesaid seawall, located at or near the northeasterly corner of said Lot 8; thence in a westerly direction along said seawall, to the point of beginning.
Towles Garden, LLC Property
Parcel 1:
Lots 1, 2, 3 and 4, Block 24, CITY VIEW PARK NO. 3, according to the Plat thereof, as recorded in Plat Book 6, at Page 32, of the Public Records of Lee County, Florida; LESS AND EXCEPT that part of Lot 1, Block 24, CITY VIEW PARK NO. 3, conveyed to the City of Fort Myers, a municipal corporation, by instrument recorded in Official Records Book 2955, at Page 2923, of the Public Records of Lee County,
Florida.
Parcel 2:
Lot 1, THE TOWLES GARDEN SPOT, according to the Plat thereof, as recorded in Plat Book 3, at Page 78, of the Public Records of Lee County, Florida.
LESS THE FOLLOWING DESCRIBED TRACT OR PARCEL:
Beginning at the Northeast corner of said Lot 1 run S 00 degrees 58'50” E along the East line of said Lot 1 for 636.39 feet to the Southeast corner of said Lot 1; thence run S 88 degrees 47'02” W along the South line of said Lot 1 for 54.99 feet; thence run N 16 degrees 37'40” W for 3.81 feet to a point of curvature; thence run Northwesterly along the arc of said curve to the right of radius 1588.50 feet (Chord bearing N
08 degrees 48”15” W) (Chord 432.47 feet) (Delta 15 degrees 38'51”) for 433.82 feet to a point of tangency; thence run N 00 degrees 58'50” W for 52.45 feet; thence run N 07 degrees 49'24” W for 152.56 feet to an intersection with the North line of said Lot 1; thence run N 88 degrees 46'21” E along said North line for 133.07 feet to the Point of Beginning. Bearings hereinabove mentioned are based on the East line of Lot 1, Towles Subdivision, as recorded in Plat Book 3, at Page 78, of the Public Records of
Lee County, Florida to bear S 00 degrees 58'50” E.
As to both Parcels above: TOGETHER WITH that portion of land (that was Franklin Street) lying adjacent to the above described property as closed, vacated, abandoned and discontinued as per City of Fort Myers, Florida Resolution No. 2021-30, recorded October 26, 2021 in Instrument Number 2021000352513, of the Public Records of Lee 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 in accordance with Florida Statutes, Section 45.031.
Dated this 10 day of February, 2025.
KEVIN C. KARNES,
CLERK OF COURT
(SEAL) By: N. Watson
Deputy Clerk
Respectfully submitted,
KLUGER, KAPLAN, SILVERMAN,
KATZEN & LEVINE, P.L.
Counsel for Plaintiffs
Citigroup Center, 27th Floor
201 South Biscayne Blvd.
Miami, Florida 33131
Telephone: (305) 379-9000
Facsimile: (305) 379-3428
By: /s/ Josh M. Rubens
Josh M. Rubens, Esq.
Fla. Bar No. 77603
[email protected]
February 14, 21, 2025 25-00602L