IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CLARK L. DURPO, JR., ET AL, CASE NO.: 13-CA-001057 (Consolidated with Case Plaintiffs, No.: 14-CA-000083) v. BELLA LAGO CONDOMINIUM AT BAY BEACH CONDOMINIUM ASSOCIATION, INC., ET AL. , Defendants. / JOINT MOTION AND STIPULATION FOR SUBSTITUTION OF PARTY COMES NOW, Plaintiffs, Clark L. Durpo, Jr. and Clark Durpo (hereinafter, collectively "Durpo"), and Defendant, WATERSIDE MANATEE BAY HOLDINGS, LLC (hereinafter "WATERSIDE"), by and through their undersigned counsel, and pursuant to Fla. R. Civ. P. L260(a), hereby stipulate to dismissal of Defendant Waterside as a party in this lawsuit and move the Court for the entry of an Order substituting LB WBB, LLC, a Florida limited liability company, as Defendant to this action in place of Waterside and as grounds therefore, state the following: 1 . At the inception of this action Waterside was the fee simple owner of the property subject to the action filed herein by Durpo against Waterside. 2. On March 28, 2014, Waterside sold its interest to the subject property, and then conveyed the property that is the subject of the action against Waterside, to LB WBB, LLC, by Special Warranty Deed, which was recorded as Instrument No.: 2014000064803 in the Public Records of Lee County, Florida. A copy of said Special Warranty Deed is attached hereto as Exhibit "A". Effective March 28, 2014, LB WBB, LLC is the owner of the Property subject to this action. 3. Lewis, Longman & Walker, P. A., counsel for LB WBB, LLC, have advised the undersigned that it will file a notice of appearance as counsel in this action for LB WBB, LLC, as soon as an Order is entered granting this motion for substitution of parties. By substituting itself as a Filing # 19114121 Electronically Filed 10/07/2014 04:23:43 PM
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Waterside, LB WBB, LLC, Warranty Deed, Instrument … · counsel, and pursuant to Fla. R. Civ. P. L260(a), hereby stipulate to dismissal of Defendant Waterside as a party in this
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
CLARK L. DURPO, JR., ET AL, CASE NO.: 13-CA-001057
(Consolidated with CasePlaintiffs, No.: 14-CA-000083)
v.
BELLA LAGO CONDOMINIUM AT BAY BEACH
CONDOMINIUM ASSOCIATION,
INC., ET AL. ,
Defendants.
/
JOINT MOTION AND STIPULATION FOR SUBSTITUTION OF PARTY
COMES NOW, Plaintiffs, Clark L. Durpo, Jr. and Clark Durpo (hereinafter, collectively
"Durpo"), and Defendant, WATERSIDE MANATEE BAY HOLDINGS, LLC (hereinafter
"WATERSIDE"), by and through their undersigned counsel, and pursuant to Fla. R. Civ. P. L260(a),
hereby stipulate to dismissal of Defendant Waterside as a party in this lawsuit and move the Court for
the entry of an Order substituting LB WBB, LLC, a Florida limited liability company, as Defendant
to this action in place of Waterside and as grounds therefore, state the following:
1 . At the inception of this action Waterside was the fee simple owner of the property
subject to the action filed herein by Durpo against Waterside.
2. On March 28, 2014, Waterside sold its interest to the subject property, and then
conveyed the property that is the subject of the action against Waterside, to LB WBB, LLC, by
Special Warranty Deed, which was recorded as Instrument No.: 2014000064803 in the Public
Records of Lee County, Florida. A copy of said Special Warranty Deed is attached hereto as Exhibit
"A". Effective March 28, 2014, LB WBB, LLC is the owner of the Property subject to this action.
3. Lewis, Longman & Walker, P.A., counsel for LB WBB, LLC, have advised the
undersigned that it will file a notice of appearance as counsel in this action for LB WBB, LLC, as
soon as an Order is entered granting this motion for substitution of parties. By substituting itself as a
j^-is pefeonaliylnowftto meor Llbns produced: as idcmipeEitibn,, .
[Notary Seaij
PAMELA MARTIN WAlKUPCommission # EE 16SS2S
£ Expires March 28, 20 L
f't
iNotary PubliePrinted Name:
:My: Commission BypireSt
Speitial:: H'fiiTOKn-&erf - Page 3
INSTR # 2014000064803 Page Number: 3 of 5
PARCEL 1 UGM. OESCRtPnON
A PARCEL Or LAftO IViNC t« PART OP CQVEWMENT EOT i 5ECP0N 3, T0WHSH1P 47 SOUTH. RAWSS 24 EAST, LEE
COUNTY, FLORIDA. SAlO PARCEL OF LAND SEiNG MOSS PARTICULARLY CLSCftfSEO AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY OlC OF SAID GOVERNMENT LOT 3 AND THE EASTERLY
RIGHT-OF-WAY UNE OF ESTERCS BOULEVARD (STATE ROAD S-8SE); THENCE NORTH S9DEGREES1 T'OO* EAST ALONG
SAID NORTHERLY UNE FOR A DISTANCE OF 2074.22 FEET TO A POINT OF INTERSECTION WTH A NON-tANSENT CURVE
FROM WHICH THE RADIUS POINT BEARS SOUTH ITDECfCESSS'AT* WEST. SAID INTERSECTION BEING ALSO ON THE
EASTERLY RiCHT-OF-WAY UNE Of SAY BEACH LANS 'IHENCE EASTERLY AND SOUTHEASrEPLY ALONG SAID EASTERLY
fHOHT-W-WAY UNE AND ALONG SAID CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 750.00 FEET, A
CENTRAL ANGLE OF 17DECRESS42T3" FOR AN ARC DISTANCE OF 231.74 FEET TO A POINT OF TANGENCY; THENCE
SOUTH MOEGREESSS'OO* EAST ALONG A NORTHEASTERLY RIGHT-OF-WAY UNE OF SAID SAY BEACH LANE FOR A
DISTANCE OF 553.34 FEET; THENCE LEAVING SAID NORTHEASTERLY UNE SOUTH 35DEGRSES+1 'CO" WEST PCS? A
DISTANCE OF 60.00 FEET TO AN INTESSECTION WTH A SOUTriSESTERLY RIGHT-OF-WAY UNE OF SAID BAY BEACH
LANE; THENCE SOUTH 540EGREES1G'00' EAST ALONG SAID SOUTHWESTERLY UNE FOR A DISTANCE OF 134.14 FEET TO
A POINT OF CURVATURE; THENCE SOUTHEASTERLY CONTTNUING ALONG SAID SOUTHWESTERLY UNE AND ALONG SAKJ
CURVE. CONCAVE NORTHEASTERLY, HAVSNG A RADIUS OF 5840.00 FEET, A CENTRAL ANGLE OF 02C£GREES43'04* FOR
AN ARC DISTANCE OF 92.01 FEET IT! A POINT OF INTERSECTION WW A NON-TANGENT UNE; THENCE SOUTH
59DEGREES02'44* EAST FOP A DISTANCE OF 906,54 FEET; THENCE NORTH 870EGREES02'24* EAST FOR A DISTANCE OF
64.20 FEET; THENCE SOUTH 43DEGSEES5a"S5* EAST FOR A DISTANCE OF 1&43 FEET TO A PONT 0? CURVATURE;:
THENCE SOUTHEASTERLY ALONG SAID CURVE. CONCAVE SOUTHWESTERLY, HAVING A RADIUS Of 132.S0 FEET, A
CENTRAL ANGLE OF 14DEGREES01'3S" FOR AN ARC DISTANCE 0? 32.44 FEET TO A POINT Or TANGENCY; THENCE
SOUTH 290EGSEES57T7' EAST FOR A DISTANCE OF 14.03 FECT TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY'
ALONG SAID CURVE, CONCAVE NCftTHEASTERLY, HAVING A RADIUS OF 84.50 FEET. A CENTRAL ANGLE OF
530£GR££530'Q3" FOR AN ARC DISTANCE OF 87,76 FEET TO A POINT OF TAHGEfTCY; THENCE SOUTH 09D£Ca££S27*2O"
EAST FOR A DISTANCE OF 24,27 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAIO CURVE
CONCAVE NOSIHWESimX HAVING A RADIUS CP 84.50 FEET. A CENTRAL ANGLE OF ASOEGREESWiS* FOR AN ARC
DISTAHCS OF 68.67 FEET TO A POINT OF TANCENCY; THENCE NC«TH 430EGR£E558,55" EAST FOR A DISTANCE OF
11.65 FEET TO A PCSNT CP CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 13250 FEET, A CENTRAL ANGLE OF +30EGR£ES03,29* FOR AN ARC DISTANCE OF 93.57 FEET TO
A POINT YSF TANGENCY; THENCE NORTH STDEGREESOfSA" EAST FOR A DISTANCE CF 116,83 FEET TO A POINT Of
CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 484.60 FEET, A
CENTRAL ANGLE Of OSOE«?EES55'!3" FOR AN ARC DISTANCE OF 51.10 FEET TO A P«NT OF TANGENCY; THENCE
SOUTH 87D£GSE£S02-24" EAST FOH A DISTANT: OF 67.59 FEET, TO THE PONT OF BSCSNNSNG CF THE HERSN
DESCRIBED PARCEL 16-4, WATERSIDE Mi THENCE CONTINUE SOUTH 8?0£GREES02*24" EAST, 33.'60 FEET TO A POINT
OF CURVATURE; THENCE EASTERLY ALONG SAB3 CURVE. CONCAVE NORTHERLY HAVING A RADIUS OF 205.50 FEET, A
CENTRAL ANCLE OF OSDEGREESJS'SS* AN ARC DISTANCE OF 30.45 FEET TO A POINT OF TANSENCY; THENCE NORTH
840£GR£ES28'50" EAST 161.53 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 117.50. A CENTRAL ANGLE OF ISC€0SEES52"5r AN ARC DISTANCE Of 32.57 FEET
TO A POINT OF TANGENCY; THENCE NORTH SaOECREESSS'lS* EAST 166.56 FEET; THENCE SOUTH 2l£}eGR£ES24'41"
EAST 1U+ FEET; THENCE NORTH SaJEGTEESOS'tB" LAST 97.84 FEET; THENCE SOOTH 520ECfiEES44,41* EAST 76,52
FEET; THENCE SOUTH 44£!EGREES5y2Si* WEST 119,32 FEET; THENCE SOUTH 35£SGftE£$34'05* WEST 83.98 FEET;:
THENCE SOUTH ASDEGREESH'O?" WEST 47.98 FEET, THENCE SOUTH SHOEGREESSS'S?" WEST 37.17 FEET; THENCE
SOUTH 750EGRESSS8'44* WEST 170.56 FEET; THENCE SOUTH 52DEGREES37'08*YeST 23.65 FEET; THENCE SOUTH
SSOEffiEESSS'ST" WEST 90,10 FEET; THENCE NORTH OSOEGSEESSO'SS* WEST 63.25 FEET; THENCE NORTH
5S0EGP£ES59'34* VEST 23.25 FEET; THENCE NORTH 11D£GSEE$29"3r WCST 92,34 FEET; NCRTH S1C«CKEES28'46J'
WEST 23,62 FEET; NORTH 220ECS££54729" W£ST 8738 FEET; NORTH OiaEGI?EES2S'22" WEST 1&29 FEET TO THE
point of beginnihc of the parcel fierein oescrseo
INSTR # 2014000064803 Page Number: 4 of 5
LESS AND EXCEPT
LAND DESCRIPHCN CF WATERSDE Ca«MONS AREA 3
A RaRCEU Of CAi® LYING W PART Of COVERNMCNT LOT 3, SECT1CIN 3, TOttNSHiP 47 SOUTH, RANGE 24 EAST, EEE:
COUNTY. ftOSJDA,- SAiD PARCEL OF LARD; BEING NOSE PASTICUURLY OESCmSEO AS FOLLOVSS: . .
C33MMENCWC AT THE'INTESSECRON OP THE NORTHERLY IWE OF SAID GOVERNMENT LOT 3 AHD THE EASTERLY
RIGHT-OF-WAY LINE OF ESTERO BOULEVARD (STATE ROAD S-8SS); THENCE NORTH 8S0EGREES1 1 'DO* EAST ALONG
SAID NORTHERLY LINE PCS? A DISTANCE CF 2074.22 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE
FROM WTiiCH TVC RADIUS POINT BEARS SOUTH IVOEGREESStf47* WEST. SAID INTERSECTION BEING ALSO ON THE
EASTERLY RIGHT-OF-WAY USE OF BAY BEACH LANE; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID EASTERLY
RIGHT-OF-WAY UNE AND ALONG SAID CURVE, CONCAVE SOUTHWESTERLY. HAVING A RADIUS OF 750.00 FEET, A
CENTRAL ANGLE OF 17DEGFEES42T3" FOR AN ARC DISTANCE OF 231.74 FEET TO A POINT OF TANGENCY; THEAICE
SOUTH 54DEGREES1 S'OO"* EAST ALONG A NORTHEASTERLY RIGHT-OF-WAY LINE OF SA® BAY BEACH LANE FOR A
DISTANCE OF 553.34 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 350e6REES4TC0" WEST FOR A
DISTANCE OF 50.00 FEET TO AN INTERSECTION WTH A SOUTHWESTERLY RIGHT-OF-WAY UNE OF SAID BAY BEACH
LANE; THENCE SOUTH 54DEGREES19W EAST ALONG SA® SOUTHWESTERLY LINE FOR A DISTANCE OF 134,54 FEET TO
A POINT OF CURVATURE; THENCC SOUTHEASTERLY CONHNUNG ALONG SAID SOUTHWESTERLY UNE AND ALONG SAID
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 1340.00 FEET, A CENTRAL ANGLE OF OSJDEGREESAS'OS* FOR
AN ARC DISTANCE OF 82.01 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT UNE; THENCE SOUTH
53D£UKE£S02'44" EAST FOR A DISTANCE OF 906.54 FLTR THENCE NORTH 6?D£G«SES02'24* EAST FOR A DISTANCE OF
110.05 FEET TO A POINT OF INTERSECTION WiTH A NON-TANGENT CURVE FORM WHICH THE RADIUS POINT BEARS
SOUTH 49DEGfiEES59'28" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHHESTERLY, HAVING A
RADIUS OF 167.30 FEET, A CENTRAL ANGLE OF tOOEGREES03*l5" FOR AN ARC DISTANCE OF 29.39 FEET TO A POINT
OF TANGENCY: THENCE SOUTH 2SQEGPEES57T7" EAST FOR A DISTANCE OF 14.03 FEET TO A POINT OF CURVATURE:
THENCE SOUTHEASTERLY ALONG SAID CURVE. CONCAVE NCSTHEASIEHLY, HAVING A RADIUS CF 49.50 FEET, A
CENTRAL ANCLE OF 590EGH£ES3(S'C3" FOR AN ARC DISTANCE OF 51.41 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 8SDEGR£eS2?'20* EAST FOR A DISTANCE OF 24,27 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY
ALONG SAID CURVE, CONCAVE NORTHWESTERLY, KAWNG A RADIUS CF 49. SO FEET. A CENTRAL ANGLE OF
460£GReES33'45* FOR AN ARC DISTANCE OF 40-23 FEET TO A POINT CF TANGENCY; THENCE NORTH 43DEGREES58'55>'
EAST FOR A DISTANCE OF 51.65 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 167.50 FEET. A CENTRAL ANGLE OF +3DEGREESG3>29" FOR AN ARC
DISTANCE OF 125.56 FEET TO A POINT OF TANGENCY; THENCE NORTH 87D£GREES02'24" EAST FOR A DISTANCE OF
115.83 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG SAID CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 529.50 FEET, A CENTRAL ANGLE OF 05CEGftEESS5'13" FOR AN ARC DISTANCE Of 54.71 FEET TO A POINT
OF TANGENCY; THENCE SOUTH 87DEGREES02>24* EAST FOR A DISTANCE CP 101.20 FEET TO A POINT' OF CURVATURE;
THENCE EASTERLY ALONG SAID CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 170.60 FEET, A CENTRAL ANGLE
OF G&DECRE£S29'26" FOR AN ARC DISTANCE OF 25.27 FEET TO A POINT OF TANGENCY, THENCE: NORTH
G40EGR££S25'1 0* EAST FOP A DISTANCE OF 151.53 FEET TO A POINT Of CURVATURE; THENCE NORTHEASTERLY ALONG
SAID CURVE. CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 82.60 FEET, A CENTRAL ANGLE OF T5DEGREES52'S1"
FOR AN ARC DISTANCE OF 22.87 FEET TO A POINT OF TANGENCY; THENCE NORTH e8DEGREES35"19* EAST FOR A
DISTANCE OF 166.66 FEET; THENCE SOUTH 21[>ECREES24'4t' EAST FOR A DISTANCE OF 36,00 FEET; THENCE SOOTH
540EGftEES27'54" EAST FOR A DISTANCE OF 23,20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
COMMONS AftEA 3 PARCEU TrtENCE SOUTH 87D£GR£ES54'42* EAST 79.56 FEET; THENCE SOUTH 53DEGR££S28'0S"
LAST 6911 FEET; THENCE SOUTH 36DE(iXEE$31'S2' WEST 8.12 FEET: THENCE SOUTH 53DEGS££S3D'02" EAST 3.27
FEET; IHENCE SOUTH SBDEGREESIffaS* VEST 13.52 FEET; THENCE SOUTH ASCEGREESIBYW" WEST 87.S7 FEET; WENCE
SOUTH 38DEGRE£S10"56" VEST 35 7! FEET; THENCE NORTH SODEOREESSO'OS" WEST 3,37 FEET; THENCE SOUTH
36DEGREES29 59* WEST 9 33 FEET; THENCE NORTH SKeGPEESLXJ'OG* WEST 68.65 FEET: THENCE NORTH
03DcGREES52'34" WEST 29 13 FEET, THENCE NORTH OSDEGREESIO'IT" EAST 37.38 FEET; THENCE NORTH
SeDEGPEESDO'OO* EAST 57 32 FEFT TO THE POINT Of BEGINNING.
TOGETKER.WiTH
PARCELS
Together:wm^mon-exclcsive;msmsNW and use rights in, over through and across that
certain SO FOOT WIDE INGRESS: AND EGRESS ROADWAY EASEMENT AS RECOROED IN OFFICIAL RECORDS:
BOOK 1118, PAGE 1109, PUBLIC RECORDS OF LEE COUNTY, FLORIDA.
TOGETHER WITH
PARCEL 3
TOGETHER WltH A NON-EXCLUSIVE EASEMENT FOR VEHfGULAR AND 'PEDESTRiAN INGRESS AND EGRESS
IN OVER THROUGH AND ACROSS THAT CERTAIN INGRESS AND EGRESS ROADWAY EASEMENT DESCRIBED
In'sCHEOULE "B" IN THAT CERTAIN INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 1 168, PAGE 7,
RUBtic Records of lee county. Florida.
INSTR # 2014000064803 Page Number: 5 of 5
TOGETHER WiTH
PARCEL ^
TOGETHER WflH A NQN-eXCLUSiVE EASEMgHt OVER THE RRGPERTV RETAINED By STAROiALi^eSTMEfTFSGQMPAHYrA FLORIDA SeNgRALPARTNESSHip/C^RfHEmOPgRiYDESGfyeEDMeXHieiT"D" OF THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3589, PAGE 4202,PUBLIC RECORDS Or LEE COUNTY. FLORIDA.