Document for Naples Memory Care Llc Vs Hemphill Construction Company Inc

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                                Filing # 95093542 E-Filed 09/03/2019 10:41:10 AM

IN THE CIRCUIT COURT, TWENTIETH
JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA

CASE NO.: 11-2019-CA-001863-0001-XX

BMC EAST, LLC, a foreign limited
liability company,

Plaintiff(s),
vs.

NAPLES MEMORY CARE, LLC, a
foreign limited liability company;
HEMPHILL CONSTRUCTION
COMPANY, INC., a foreign corporation;
CAPITAL CENTER LAND
CONDOMINIUM ASSOCIATION, INC.,
a Florida not-for-profit corporation; HONC
INDUSTRIES, INC., a Florida corporation;
PREFERRED MATERIALS, INC., a
foreign corporation; UNITED RENTALS
(NORTH AMERICA), INC., a foreign
corporation; BINK INC., a Florida
corporation, WEST COAST WINSUPPLY
CO., a foreign corporation;

EMERGENCY RESTORATION
SPECIALIST, INC., a/k/a NEXTECH
CONSTRUCTION, a Florida corporation;
NU-SONS ELECTRIC, INC., a Florida
corporation; LAKE SUPERIOR
CONTRACTING, L.P., a foreign limited
partnership, and ANY UNKNOWN
PERSONS IN POSSESSION, if any,

Defendants.
/

NOTICE OF RELEASE OF LIS PENDENS
Plaintiff, BMC East, LLC, by and through its undersigned counsel, hereby releases and
dismisses the Notice of Lis Pendens filed in the above styled action on the following real

property and improvements thereto in Collier County, Florida and directs the Clerk to record

FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/03/2019 10:41:10 AMsuch in the public records of Collier County, Florida:
Address: 3053 Airport Pulling Road, Naples, FL 34105

Legal Description: | See Exhibit “A”

DATED this 3rd day of September, 2019.

TRITT & ASSOCIATIS, p.A.

R. Joseph Dill
Florida Bar No. 55§354

Email: joe.dill@atritt.com
Karen. farber@atritt.com

707 Peninsular Place
Jacksonville, FL 32204
Telephone: (904) 354-5200
Facsimile: (904) 354-5256
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
Steven F. Thompson, Esq., attorney for Bink, Inc.; Jason R. Margolin, Esq., attorney For Naples

Memory Care, LLC; and Stephen C. Schahrer, Esq., attorney for Capital Center Land

Condominium Association, Inc. via electronic service through the e-portal, this )3"! day of
September, 2019. f fe li

res(OR S388 PG 1363

EXHTBIT A
Legal Deserintion

LAND Unir 3, according to the Declaration of Condominium of CAPITAL CENTER LAND
CONDOMINIUM, a Commercial Land Condominium, dated March 12, 2006 and recorded March 12,
2007 in Official Records Book 4195, at Pages 2390 through 2456, both inclusive, of the Public
Records of Collier County, Florida; as amended by instrument dated January 31, 2008 and
recorded February 4, 2008 in Official Records Book 4326, at Pages 3117 through 3120, both
inclusive, ofthe Public Records of Collier County, Florida; as further amended by instrument dated
and recorded December 10, 2014 in Official Records Book 5102, at Pages 2223 through 2235,
both inclusive, of the Public Records of Collier County, Florida; as further amended by instrument
dated February 2, 2017 and recorded February 10, 2017 in Official Records Book 5362, at
Pages 175 through 179, both inclusive,
further amended by instrument.

Official Records Book 5362, at P lusive, of the Public Records of
Collier County, Florida, tog
sald Land Unit 3 being loca :
Parcel 1; 1
A PARCEL OF LAND LYINGNN SECTION 23 SOUTH, RANGE 25 BAST,
COLLIER COUNTY, FLORIDA, BEING MO ARLY DESCRIBED AS
FOLLOWS: XO

0
COMMENCING AT THE NORARISTcomyi CAPITAL CENTER LAND
CONDOMINIUM AS RECORDED INGHAIO(ATSS BOOK 4195, PAGE 2390 OF

THE PUBLIC RECORDS OF COLLIER CO’ ', FLORIDA THENCE S.02°43'42"E. ON
THE EAST LINE OF SAID CONDOMINIUM FOR 84.49 FEET;

THENCE §,87°16'18"W. DEPARTING SAID EAST LINE FOR 134.34 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;

THENCE $.02°59'31"E., FOR 139.45 FEET TO A POINT OF CURVATURE;

THENCE SOUTHWESTERLY 42.93 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 27.33 FEET THROUGH A CENTRAL ANGLE OF
90°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.42°00'29"W, FOR
38.65 FEET;

THENCE S.87°0029"W., FOR 105.11 FEET;
THENCE WESTERLY 7.33 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO
THE RIGHT HAVING A RADIUS OF 9.33 FEET THROUGH A CENTRAL ANGLE OF

45°00'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.70°29'31"W. FOR
7.14 FEET;

‘Bxwerr A—PaAge 1OR 5388 PG 1364

‘THENCE NA7°59'31"W., FOR 3.03 FEET TO A POINT OF CURVATURE;
‘THENCE WESTERLY 8.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE

LEFT HAVING A RADIUS OF 10.67 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.70°29'31"W. FOR 8.17 FEET;

THENCE $.87°0029"W., FOR 57.43 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 8.38 FEET ALONG THE ARC OF A TANGENTIAL CURVE

TO THE LEFT HAVING A RADIUS OF 10.67 FEET THROUGH A CENTRAL ANGLE OF
45°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.64°3029"W. FOR

8.17 FEET;

THENCE 8.42°0029"W., FOR 3.03 FEET TO.A POINT OF CURVATURE;

THENCE SOUTHWESTERLY OF A TANGENTIAL CURVE
TO THE RIGHT HAVING OUGH A CENTRAL ANGLE OF
44°59'S6" AND BEING SUB BEARS 8.64°3026"W. FOR
7.14 FEET;

THENCE S.87°00'29°W., ‘VATURE;

‘THENCE NORTHWESTERD, FA TANGENTIAL CURVE
TO THE RIGHT HAVING A CENTRAL ANGLE OF
90°00'00" AND BEING BEARS N.47°59'31"W. FOR
20.27 FEET;

‘THENCE N.02°59'31"W., FOR I POF CURVATURE;

‘THENCE NORTHEASTERLY 22.51 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 14.33 FEET THROUGH A CENTRAL ANGLE OF
90°00'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.42°00'29"E. FOR
20.27 FEET;

THENCE N.87°00'29"E,, FOR 8.84 FEET TO A POINT OF CURVATURE;

‘THENCE EASTERLY 1.83 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 2.33 FEET THROUGH A CENTRAL ANGLE OF 45°00'00"
AND BBING SUBTENDED BY A CHORD WHICH BEARS S§.70°29'31"E. FOR 1.78 FEET;
THENCE 8.47°5931°E., FOR 11.76 FEET;

THENCE N.87°00'29"E., FOR 69.56 FEET;

THENCE N.42°00'29"E., FOR 10.93 FEET TO A POINT OF CURVATURE;

‘THENCE NORTHEASTERLY 3.40 FEET ALONG THE ARC OF A TANGENTIAL CURVE
TO THE RIGHT HAVING A RADIUS OF 4.33 FEET THROUGH A CENTRAL ANGLE OF

ExnterrA-Pace2OR 5388 PG 1365

45°01'08" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.64°31'02"E, FOR3.32
FEET TO A POINT OF COMPOUND CURVATURE;

THENCE EASTERLY 3.71 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE
RIGHT HAVING A RADIUS OF 9.35 FEET THROUGH A CENTRAL ANGLE OF 22°44'56"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.81°35'56"E. FOR 3.69 FEET TO
A POINT OF COMPOUND CURVATURE;

‘THENCE SOUTHEASTERLY 3.71 FEET ALONG THE ARC OF A COMPOUND CURVE TO
THE RIGHT HAVING A RADIUS OF 9.31 FEET THROUGH A CENTRAL ANGLE OF
22°49'26" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.58°48'44"E, FOR3.69
FEET TO A POINT OF REVERSE CURVATURE;

THENCE EASTERLY 2.49 FEET ALONG THE ARC OF A COMPOUND CURVE TO THE
RIGHT HAVING A RADIUS OF 2.25 FEET THROUGH A CENTRAL ANGLE OF 63°24'06"
AND BEING SUBTENDED BY A CHORD WHICH BEARS S.78°3029"E. FOR 2.37 FEET;

‘THENCE S.47°59'31"E., FOR 11.38 FEET;
THENCE N.87°00'29°E., FOR 69.56 FEET;
THENCE N.42°00'29"E., FOR 11.11 FEET TO A POINT OF CURVATURE;

THENCE EASTERLY 2,22 FEET ALONG THE ARC OF A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 2.33 FEET THROUGH A CENTRAL ANGLE OF 54°3613"
AND BEING SUBTENDED BY A CHORD WHICH BEARS N.69°18'35"E. FOR 2.14 FEET
TO A POINT OF COMPOUND CURVATURE;

THENCE SOUTHEASTERLY 49.57 FEET ALONG THE ARC OF A COMPOUND CURVE
TO THE RIGHT HAVING A RADIUS OF 35.33 FEET THROUGH A CENTRAL ANGLE OF
80°23'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.43°11'25"E. FOR
45.61 FEBT TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN;

Exutieiy A~PAGES*** on 5388 PG 1366 ***

CONTAINING 68,538 SQUARE FEET OR 1.57 ACRES, MORE OR LESS.

BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE EAST LINE OF CAPITAL
CENTER LAND CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 4195,
PAGE 2390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO BEAR S.02°43442"E.

Earecl 2s

A PARCEL OF LAND LYING IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF CAPITAL CENTER LAND
CONDOMINIUM AS RECORDED IN ORE! CIAL RECORDS BOOK 4195, PAGE 2390 OF
fT A THENCE S,89°14'53"W., ON

22°4605" AND BEING SI i Ph BEARS S.75°55'32"W. FOR
. 5.66 FEET;

THENCE N.02°41'25"W., FOR 36.57 PEET;

THENCE N.87°18'35"E., FOR 56.81 FEET TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;

CONTAINING 2,076 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF
CAPITAL CENTER LAND CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS

BOOK 4195, PAGE 2390, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TO BEAR.
S.89°14'S3°W,

ExHtort A— PAGES