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Filing # 93641722 E-Filed 08/05/2019 11:04:16 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
CASE NO.. 17-CA-917
HARRY BIEBERSTEIN,
Plaintiff,
Vv.
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC, a
Florida limited liability company and
MOONSTONE HOLDINGS, LLC, a
Nevada limited liability company,
Defendants.
einen se
GOLDEN KEY PROPERTIES, LLC’S AND ANDREAS KIRCHBERGER’S MOTION
TO DISCHARGE LIS PENDENS OR, ALTERNATIVELY, TO REQUIRE
A BOND AND FOR AN AWARD OF ATTORNEYS’ FEES AND COSTS
Golden Key Properties, LLC (“Golden”) and Andreas Kirchberger (“Andreas”), through
counsel, file this Motion To Discharge Lis Pendens or, Alternatively, to Require a Bond, and for
an Award of Attorneys’ Fees and state:
1 On or about June 5, 2015, Plaintiff recorded a Notice of Lis Pendens (Lis Pendens) in
Official Records Book 4446, at Page 1007, under Instrument # 2715885, of the Public Records of
Charlotte County, Florida respecting the real property situated in Charlotte County more
particularly described in Paragraph 67 of Plaintiff's Revised Second Amended Complaint (the
Property), and respecting other real property. Plaintiff also recorded the Lis Pendens in the Public
Records of Lee County, Florida, under Instrument # 2019000137801, and in the Public Records
of Sarasota County, Florida, under Instrument # 2019073507.
2 A copy of the Lis Pendens is attached as Exhibit “A.”
3 The Property is owned by Golden.
4 Andreas is the sole owner (member) of Golden.
5 The Property is not mentioned in the “Debt Acknowledgements” sued upon by Plaintiff
and more particularly described in Paragraph 23 of the Revived Second Amended Complaint.
Neither Andreas nor Golden are a party to such “Debt Acknowledgements.”
6. Plaintiff is not an owner of Golden.
7. Plaintiff has no legal or equitable right, title or interest in the Property.
8. Defendant Gabriel Kirchberger, who is the alleged debtor named in the aforesaid “Debt
Acknowledgements”, does not own a membership interest in Golden. Plaintiff does not have a
Florida judgment against Defendant Gabriel Kirchberger.
9. The Lis Pendens is not founded on a duly recorded instrument or a lien claimed under
Part I of Chapter 713 of the Florida Statutes,
10. Pursuant to the Lis Pendens, Plaintiff sued “to collect a debt obligation, to set aside
fraudulent transfers, and declaratory relief establishing that the real property
described...[therein]...is the property of Gabriel Kirschberger and is able to satisfy the debt owed
to Plaintiff.”
11. The claims of Plaintiff against Defendant Gabriel Kirschberger are based upon the “Debt
Acknowledgements”.
12, Plaintiff has no direct claim cognizable under Florida law against or upon the Property.
13. As noted by the Third District Court of Appeal in Blue Star Palms, LLC, etc. v. LED
Trust, LLC, 128 So.3d 36 (Fla. 3 DCA 2012): “A complaint which will not support a claim
against the specific property at issue cannot provide a basis for tying it up by a filing of notice of
lis pendens.” Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2™ DCA 1982);
accord Ness Racquet Club, LLC. V. Renzi Holdings, Inc., 959 So.2d 758, 761 (Fla. 3 DCA 2007)
(“It is well settled that in the absence of a duly recorded instrument, when there is no ‘direct claim
cognizable under the law against or upon the ... property burdened by the lis pendens’, no lis
pendens may be asserted under any conditions against the realty ...’” (quoting Sunrise Point, Inc.
y. Foss, 373 So.2d 438, 439 (Fla. 3 DCA 1979)). When a plaintiff can be afforded complete
relief on a claim without reference to the title to the real property, a lis pendens cannot be
maintained. Beefy King Int'l Inc. v. Veigle, 464 F.2d 1102, 1104 6 Cir. 1972) (“Under the
Florida cases a lis pendens is proper only when the requested relief might specifically affect the
property in question.”).
14. In Blue Star Palms, LLC, supra at 39, the Third District cited and followed DeGuzman v.
Balsini, 930 So.2d 752, 753 (Fla. 5 DCA 2006) (“When the primary purpose of a lawsuit is to
recover money damages and the action does not directly affect the real property, the filing of a
notice of lis pendens is not authorized.”); Sunrise Point, supra at 439; see also Beefy King Int'l
Inc., supra at 1104.
15. In DeGuzman, supra, a mother filed a notice of lis pendens on a father’s real property “to
recover child support and other financial payments owed her. However, the property was not ...
included in the settlement agreement entered into by the parties”. See DeGuzman, supra at 754.
The 5 DCA appropriately found that the mother’s “lis pendens ...should not have been filed
because there is no connection between” ... the mother’s ... “litigation to enforce and require
payment of child support and the real property against which she filed the lis pendens.” She
completely failed to show any grounds to assert equitable or legal title to the property, nor any
connection to it other than as a potential source from which to recoup child support. A lis
pendens is not an appropriate instrument for use in promoting recoveries in actions for money
judgments. DeGuzman, supra at 754, 755.
16. “When the primary purpose of a lawsuit is to recover money damages and the action does
not directly affect title to or the right of possession of real property, the filing of a notice of lis
pendens is not authorized. Jd. A notice of lis pendens is properly filed when a person seeks to
enforce any claim upon designated real estate, but a lien which may result after a judgment
provides no basis for filing of a lis pendens notice. DeGuzman, supra at 755.
17. In DeGuzman, supra, the court opined that the mother had no entitlement to a lis pendens
against the father’s real property, with the circuit court even going so far as to find that the lis
pendens “was devoid of merit and frivolous”. See DeGuzman, supra at 754. If the DeGuzman
notice of lis pendens filed against the father’s real property was “devoid of merit and frivolous”,
Plaintiff's Lis Pendens is doubly devoid of merit and frivolous, as the alleged debtor under the
aforesaid “Debt Acknowledgements”, Gabriel Kirchberger, does not even own the Property.
Likewise, Plaintiff does not even have a Florida judgment against him. Even assuming, arguendo,
that Gabriel Kirchberger owned the Property, which is not the case, Plaintiffs Lis Pendens is
devoid of merit and frivolous under DeGuzman and Blue Star Palms, LLC.
18. Florida Statutes 48.23(3) provides as follows: “When the initial pleading does not show
that the action is founded on a duly recorded instrument or on a lien claimed under part I of
Chapter 713 or when the action no longer affects the subject property, the court shall control and
discharge the recorded notice of lis pendens as the court may grant and dissolve injunctions.”
19. As such, Golden and Andreas request that the Lis Pendens, being devoid of merit, be
forthwith dissolved and discharged as a matter of law.
20. Without waiving its claims that the Lis Pendens must be forthwith dissolved and
discharged, if the Court does not immediately dissolve and discharge the Lis Pendens, Golden
requests that the Court set this matter for an evidentiary hearing to dissolve and discharge the Lis
Pendens and to set an appropriate bond to be posted by Plaintiff as a condition of maintaining the
Lis Pendens. Nothing herein will serve to waive or limit any matters that Golden may present at
such evidentiary hearing.
21. At present, Golden’s Property is tied up with a de facto no-notice, no-bond, pre-judgment
illegal injunction resulting from the Lis Pendens, which creates a huge adverse cloud on the title
to the Property. The Lis Pendens effectively prevents Golden and Andreas from mortgaging,
selling, conveying and otherwise dealing with the Property and/or the loan proceeds and/or sales
proceeds thereof; it may also serve to discourage potential tenants from renting at the Property.
Plaintiff is liable for all damages sustained by Golden and Andreas as a result of the Lis Pendens.
As long as the Lis Pendens remains in place, title to the Property will remain clouded and Golden
and/or Andreas could be damaged.
22. If the Court determines, after an evidentiary hearing, that the appropriate protection from
harm to Plaintiff is the continued existence of the Lis Pendens, Plaintiff must post a bond. Licea v.
Anilo, 691 So.2d 29 (Fla. 3 DCA 1997). Once the Court determines the need for a bond, it must
consider the amount of damages that might result from the continued existence of the Lis
Pendens. Nickerson v. Watermark Marina of Palm City, L.L.C., 978 So.2d 187 (Fla. 4" DCA
2008). This requires an evidentiary hearing. S & T Builders v. Globe Properties, Inc., 944 So.2d
302 (Fla. 2006). At the evidentiary hearing, Golden and Andreas must offer evidence of the
amount of the loss or damage likely to be incurred by them if the Lis Pendens is unjustified. Hotel
Europe, Inc. v. Aouate, 766 So.2d 1149 (Fla. 3° DCA 2000).
23. The amount of the bond should bear a reasonable relationship to the likely damages that
would be caused by the unjustified Lis Pendens. Real Investments LLC v. Oaks Group, Inc., 973
$0.2d 643 (Fla. 4 DCA 2008). Golden and Andreas submits that the minimum bond to cover
their damages should be the sum of the value of the Property, plus a premium thereon to
compensate Golden and Andreas for their inability to use the Property and its proceeds in such
manners as they deem appropriate, plus their actual and anticipated attorneys’ fees incurred and to
be incurred herein.
24. In this case, Plaintiff is not a Florida judgment creditor. Even if the Court were to
determine that Plaintiff is akin to a judgment creditor pursuant to the “Debt Acknowledgements”
sued upon, Plaintiff must post a bond because the Lis Pendens is not founded on a duly recorded
instrument. Porter Homes, Inc. v. Soda, 540 $0.2d 195 (Fla. 2" DCA 1989).
25. Golden and Andreas have retained their undersigned attorneys and are obligated to pay
their attorneys a reasonable fee for their services herein. Golden and Andreas are entitled to
recover their attorneys’ fees and costs for the preparation, filing and prosecution of this motion
including, without limitation, for the time spent arguing same at any hearings. S & T Builders,
supra, An order on a motion to dissolve a notice of lis pendens is treated as a final order. Loidl v.
1 & E Group, Inc., 927 So.2d 1016 (Fla. 2d DCA 2006). Golden and Andreas can recover their
attorneys’ fees against Plaintiff upon dissolution of the Lis Pendens regardless of whether
Plaintiff posts a bond. Abner v. Johnson, 56 So.3d 137 (Fla. 4" DCA 201 1).
WHEREFORE, Golden respectfully requests that this Court discharge the Lis Pendens, and
if the Lis Pendens is not discharged, that the Court schedule this matter for an evidentiary
hearing on Golden’s and Andreas’ motion to discharge the Lis Pendens or, alternatively, to
compel the Plaintiff to forthwith post a bond in a sum that the Court deems sufficient to cover the
damages that Golden and Andreas will sustain if the Lis Pendens is not forthwith discharged and
dissolved, and that the Court award reasonable attorneys’ fees and costs to Golden and Andreas,
and that the Court award Golden and Andreas any other relief that the Court believes to be fair,
just and equitable under Florida Law.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with
the Clerk of Court via the Florida Courts E-Filing Portal which will serve as a notice of
electronic filing upon all counsel of record this 5" day of August, 2019.
BAUR & KLEIN, P.A.
Attorneys for Golden Key Properties, LLC
and Andreas Kirchberger
New World Tower, Suite 2100
100 North Biscayne Boulevard
Miami, Florida 33132
Phone: (305) 377-3561 / Fax: (305) 371-4380
By
CHRISTOPHER J. KLEIN
Fla’ U Bar. N 11855
ckle: widelaw.com
delaw.com
ocardonne’ sworldwidelaw.com
+ CHARLOTTE COUNTY CLERK OF, (RCUIT COURT OR BOOK: 4446, PGS: 100}0RAGE: 1 OF 13
INSTR 4 2715885 Doc Type: LP, Reco. a2 6/5/2019 at 3:18 PM
_ Rec. Fee: ERECORDED CashierBy: CARLENEG
Filing# 90415800 E-Filed 05/31/2019 05:50:19 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
HARRY BIEBERSTEIN,
Plaintiff,
¥. Case No. 17-CA-917
GABRIEL KIRCHBERGER, CAROL DEVILLE,
SOUTHERN SHORES ENTERPRISES, LLC,
a Florida limited liability company, and
MOONSTONE HOLDINGS, LLC, a Nevada
limited liability company,
Defendants.
/
NOTICE
OF LIS PENDENS
TO: GABRIEL KIRCHBERGER
CAROL DEVILLE
CHRISTINE FRAZER
ANDREAS KIRCHBERGER
NICLAS X. KIRCHBERGER
MOONSTONE HOLDINGS, LLC
SOUTHERN SHORES ENTERPRISES, LLC
GOLDEN KEY PROPERTIES, LLC, and
ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
q) The Plaintiff has instituted this action against you seeking to collect a debt
obligation, to set aside fraudulent transfers, and declaratory relicf establishing that
the real property described below is the property of Gabricl Kirchberger and is
available to satisfy the debt owed Plaintiff.
(2) The Plaintiff in this action is HARRY BIEBERSTEIN.
G) The date of the institution of the Second Amended Complaint in this action is on
May 31, 2019.
@ The properties that are the subject matter of this action are in Sarasota, Charlotte,
and Lee Counties, Florida, and are described as follows:
a, 2276 Yancy Strect, North Port, Florida 34291, which is legally described as:
5$6122632-1
exuiait "4"
OR BOOK: 4446, PAGE NUMBER: 10(%ANSTR# 2715885 PAGE: 2 OF 13 ro
es
Lot 9, Block 568 of 16TH ADDITION TO PORT CHARLOTTE SUBDIVISION, a
subdivision according to the map or plat thercof recorded in Plat Book 14, Pages 6,
6A through 6V, inclusive, of the Public Records of Sarasota County, Florida
13035 South Tamiami Trail, North Port, Florida 34287, which is legally described as:
Lots 17 and 18, Block 933, Fifteenth Addition to Port Charlotte Subdivision, accordii to
the Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public
Records of Sarasota County, Florida
13075 South Tamiami Trail, North Port, Florida 34287, which is legally described as:
Lot 19, Block 933, Fificenth Addition to Port Charlottc Subdivision, according to the Plat
thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of
Sarasota County, Florida
4868 England Avenue, North Port, Florida 34288, which is legally described as;
Lot 23, Block 948 of 22"? ADDITION TO PORT CHARLOTTE SUBDIVISION, a
subdivision according to the map or plat thereof recorded in Plat Book 14, Page 10, of the
Public Records of Sarasota County, Florida
368 Bonsell Lane, Port Charlotte, Florida 33953, which is legally described as:
Lot 5, Block 2525 PORT CHARLOTTE SUBDIVISION, SECTION 47, as per plat
thereof recorded in Plat Book 5, page 61A, Public Records of Charlotte County,
Florida
12038 Green Gulf Blvd., Port Charlotte, Florida 33955', which is legally described as:
Lot 8, Block 81, TROPICAL GULF ACRES, UNIT 6, as per plat thereof recorded in Plat
Book 3, pages 67A through 67F, Public Records of Charlotte County, Florida
1810 and 1814 El Jobean Road and 1933 Royalvicw Drive, Port Charlotte, Florida 33948,
which is legally described as:
Lots 9, 65, and 66, Block 655, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per
plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of
Charlotte County, Florida
1435 Collingwood Bivd, Units A-G Port Charlotte, Florida 33948, which is legally described
as:
' One-half interest with DeVille.
56122632-1
OR BOOK: 4446, PAGE NUMBER: 10f""NSTR# 2715885 PAGE: 3 OF 13 oN
Lots 23 and 24, Block 658, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per
plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of
Charlotte County, Florida
4169 Electric Way, Port Charlotte, Florida 33980, which is legally described as:
Lot 3, HARBOR EXECUTIVE PARK, according to the plat thereof recorded in Plat Book
15 Pages 30A through 30B, Public Records of Charlotte County, Florida
10508 Gulfstream Boulevard, Englewood, Florida 34224, which is legally described as:
Lot 17, Block 3664, PORT CHARLOTTE SUBDIVISION, SECTION 64, as per plat
thereof recorded in Plat Book 5, Pages 78A through 78F, Public Records of Charlotic
County, Florida
27209 Sandrala Drive, Punta Gorda, Florida 33955, which is legally described as:
Lot 1, Block 277 TROPICAL GULF ACRES, UNIT 10, as per plat thercof recorded
in Plat Book 4, Pages 76A through 76N, of the Public Records of Charlotte County,
Florida
2814 69% Street West, Lehigh Acres, Florida 33971?, which is legally described as:
Lot 18, Block 59, Unit 6, Section 1, Lehigh Acres, Township 44 South, Range 26
East, according to the map or plat thereof on file in the Office of the Clerk of the
Circuit Court, recorded in Pat Book 15, Page 58 of the Public Records of Lee County,
Florida.
m 350 Elmstreet Court, Englewood, Florida 34223, which is legally described as:
Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat thereof, recorded in
Plat Book 22, Page 13 of the Public Records of Sarasota County, Florida together
with the private road known as Elmstrect Court
Al Lime Street, Englewood, Florida 34223, which is legally described as:
Lot 43, Lasbury Pine Acres, a subdivision according to the plat thereof recorded at
Plat Book 5, Page 81 of the Public Records of Sarasota County, Florida
2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally described as:
Building 11, (also known as Unit 1100) Toledo Blade Professional Center, a
Condominium, according to the Declaration of Condominium thereof recorded
December 10, 1999 as Clerk’s Instrument #1999163191, according to Condominium
Book 32, Page 1, IA and 1B, as amended by Amendment to Declaration of
? One-half interest with DeVille
56122632-1
OR BOOK: 4446, PAGE NUMBER: 10/*™WSTR# 2715885 PAGE: 4 OF 13 ro
Condominium of Toledo Blade Professional Center, a Condominium, recorded as
Clerk’s Instrument #2006016521, and according to Condominium Book 38, Page 39
through 39C, all of the Public Records of Sarasota County, Florida
3417 Junction Street, North Port, Florida 34288, which is legally described as:
Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION,
according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V,
inclusive, of the Public Records of Sarasota County, Florida
750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953, which is
legally described as:
Lots i, 2, 19, 20, 21, 22, and 23, Block 1115, PORT CHARLOTTE SUBDIVISION,
SECTION 22, a subdivision according to the Plat thereof, recorded in Plat Book 5,
Pages 12A through 13G of the Public Records of Charlotte County, Florida, LESS
AND EXCEPT that portion of Lots 1 and 2 conveyed to the State of Florida
Department of Transportation and recorded in Official Records Book 392, Page 730
of the Public Records of Charlotte County, Florida
20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954, which is legally
described as:
Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION, SECTION 19, as per plat
thereof recorded in Plat Book 5, Pages 9A through 9C, of the Public Records of
Charlotte County, Florida
1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally described as:
Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision according to the plat
thereof, as recorded in Plat Book 7, Pages 61A through 61D, of the Public Records of
Charlotte County, Florida
18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is legally
described as:
Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according to the map or plat
thereof as recorded in Plat Book 16, Page 35-A of the Public Records of Charlotte
County, Florida
22243 Catherine Avenue, Port Charlottc, Florida 33952, which is legally described as:
56122632-1
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Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION, SECTION 33, according
to the Plat thereof recorded in Plat Book 5, Pages 35A through 35F, of the Public
Records of Charlotte County, Florida
21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described as:
Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION, SECTION 45, according
to the Plat thereof recorded in Plat Book 5, Pages 56A through 56E of the Public
Records of Charlotte County, Florida
3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally described as:
Tract D, Port Charlotte Plaza Section One, according to the plat thercof as recorded in
Plat Book 7, Page(s) 63A-63B, Public Records of Charlotte County, Florida
23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally described
aS:
A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte
County, Florida, and being a portion of Block 16 and all of Blocks 17 and 18,
including those portions of the vacated avenues, streets and alleys of K.B. Harvey’s
Central Division, according to the plat thereof as recorded in Plat Book 1, Page 14, of
the Public Records of Charlotte County, Florida lying within the following described
parcel:
Beginning at the Southeast corner of said Block 17; THENCE South 81°38°32” West,
along the Northerly right-of-way line of Harper Avenue, a distance of 611,25 feet;
THENCE North 00°20°07” East, along the centerline of the vacated Church Street, a
distance of 200.00 feet, THENCE North 81°37°33” East, a distance of 610.09 feet to a
Point on the West right-of-way line of Pine Street THENCE South along said West
right-of way line a distance of 200.00 feet to the Point of Beginning.
LESS AND EXCEPT: A parcel of land lying in Section 25, Township 40 South,
Range 22 East, Charlotte County, Florida, and being a portion of Blocks 16 and 17
and a portion of vacated Gulf Avenue of K.B. Harvey’s Central Division of Charlotte
Harbor, according to the plat thereof as recorded in Plat Book 1, Page 14, of the
Public Records of Charlotte County, Florida, and being more particularly described as
followings: Beginning at the Southeast corner of said Block 17; THENCE ran South
81 38 32” West on the Northerly righ-of-way line of Harper Avenue a distance of
100,00 feet; THENCE North on a line parallel with the West right-of-way line of
Pinnacle Strect (Pine Street — Plat) a distance of 199.97 fect, THENCE North 81 37
33” East a distance of 100,00 feet to the West right-of-way line of said Pinnacle
Street; THENCE South on said West right-of-way line a distance of 200.00 feet to the
Point of Beginning
56122632-1
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4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte, Florida
33980, which is legally described as:
Units 16 and 17, Whidden Industrial Park Condominium, Phase Il, a Condominium
according to the Declaration of Condominium recorded in O.R. Book 1028, Page 750,
as amended in O.R. Book 1060, Page 515 to add Phase II, and all exhibits and
amendments thereto, and recorded in Condominium Book 8, Pages 68-A and 68-B,
Public Records of Charlotte County, Florida
2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally described as:
Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium according to the
Declaration of Condominium recorded in O.R. Book 1319, Page 2115, et. Seq. and
according to the Plat thereof recorded in Condominium Book 10, Pages 51A through
5IC, of the Public Records of Charlotte County, Florida together with an undivided
interest in the common elements appurtenant thereto.
aa. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is legally described
BS:
Lot 2 and the West 12 fect of Lot 1, Block B, Breezewood Manor, according to the
map or plat thereof, as recorded in Plat Book 7, Page 12, of the Public Records of
Charlotte County, Florida
bb. 136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally described
as:
Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per plat recorded in
Plat Book 8, Pages 15A through 15K, of the Public Records of Charlotte County,
Florida
ce, 14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described as:
Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
dd. 8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as:
Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION, SECTION 93, according
to the Plat thereof, recorded in Plat Book 9, Pages 1A through ZA, of the Public
Records of Charlotte County, Florida
56122632-1
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ee, 8559 Agate Sireet, Port Charlotte, Florida 33981, which is legally described as:
Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
gg. 13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
hh. 13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
i 13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as:
Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION, SECTION 78, according
to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42], of the Public
Records of Charlotte County, Florida
kk, 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally described as:
Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION, SECTION 78, according
to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public
Records of Charlotte County, Florida
IL 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as:
56122632-1
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Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thercof, recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
mm. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described as:
Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION, SECTION 87, according
to the Plat thereof, recorded in Plat Book 7, Pages 20A through 20N, inclusive, of the
Public Records of Charlotte County, Florida
nn. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as:
Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION, SECTION 85, according
to the Plai thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public
Records of Charlotte County, Florida
00. 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as:
Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION, SECTION 85, according
to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public
Records of Charlotte County, Florida
13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as:
Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION, SECTION 85, according
to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public
Records of Charlotte County, Florida
94 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally described
as:
The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1, TAMIAMI CITY,
according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lec
County, Florida, including an easement for roadway purposes over the following
described parcels:
Parcel I:
The North 30 feet of the South 183.10 feet of Loi 59, Block 1, TAMIAMI CITY,
according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee
County, Florida
and
Parcel 2:
56122632-1
OR BOOK: 4446, PAGE NUMBER: 107°™NSTR# 2715885 PAGE: 9 OF 13 wn
The Southwesterly 30 fect of Lot 53, Block 1, TAMIAMI CITY, according to the plat
thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, more
particularly described as beginning at the Southeasterly corner of Lot 53, Block 1,
TAMIAMI CITY; thence proceed in a Southwesterly direction along the South line of
said Lot 53 to the Southwesterly comer of said Lot 52; thence Northerly along the
Westerly boundary of said Lot 53 for 30 feet; thence Northeasterly along line parallel
to and 30 feet Northwesterly of the South line of said Lot 53 to intersection of the
Easterly line of said Lot 53; thence Southeasterly to the Point of Beginning
942, 946 and 950 Tamiami Trail, Port Charlotte, Florida 33953, which is legally described
as:
All of Grand Oaks Plaza Il, a Condominium according to the Declaration of
Condominium thereof recorded in Condominium Plat Book 16, Pages 9A through 9E,
inclusive, all of the Public Records of Charlotte County, Florida, together with an
undivided fractional or percentage interest or share in the common clements
appurtenant thereto
LESS AND EXCEPT Unit 206, Grand Oaks Plaza II, a Condominium according to
the Declaration of Condominium thereof recorded in Condominium Plat Book 16,
Pages 9A through 9E, inclusive, all of the Public Records of Charlotte County,
Florida, together with an undivided fractional or percentage interest or share in the
common elements appurtenant thereto
8S. 200, 250, and 300 Kings Highway, Punta Gorda, Florida 33983, which is legally described
as:
A parcel of land lying in the Northeast % of Section 6, Township 40 South, Range 23 East,
Charlotte County, Florida, being more particularly described as follows:
Commence at the Northeast corner of said Section 6, Township 40 South, Range 23 East;
thence S 00°16°25” W (bearing based on D.O.T. right-of-way maps for State Road 93 (1-75),
Section 01075-2404), along the East line of Northeast % of said Section 6 for 668.89 feet to
an intersection with the centerline of King’s Highway; thence S$ 25°31°01" W, along the
centerline of King’s Highway for 862.22 fect to the point of beginning of the hercin
described parcel of land; thence continue S 25°31’01” W, along the centerline of King’s
Highway for 486.05 feet; thence S 64°28’59” E for 100.00 feet to the point of a curvature of
a circular curve concave to the Southwest; thence along the arc of said curve, having a radius
of 321.76 feet and a central angle of 59°51°23” for 336.14 feet; thence N 85°22'24” E, for
302.28 feet of an intersection with the East linc of the Northeast % of said Section 6,
Township 40 South, Range 23 East; thence N 0°16’25” E, along the East line of the
Northeast “% of said Section 6 for 720.00 feet; thence N 89°43735” W for 367.71 fect to the
point of beginning. Less therefrom the existing maintained right-of-way of King’s Highway.
56122632-1
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TOGETHER WITH
Commence at the Southeast comer of Section 6, Township 40 South, Range 23 East; thence
tun N 00°16"17” E along the East line of said Section 6, a distance of 50.00 feet to the
Northerly R.O.W. of Peachland Blvd; thence continue N 00°16"17” E along said East line of
Section 6, a distance of 1413.11 feet ot the point of beginning: Thence continue N
00°16"17” E along said East line of Section 6, a distance of 1683.92 feet; thence run S
85°22716” W, 302.28 feet; then run $ 07°23°51” W, 1220.67 feet; then run S 45°05*40” EB,
636.03 feet to the point of beginning
TOGETHER WITH
Commence at the Southeast corner of said Scction 6, Township 40 South, Range 23 East;
thence run N 00°16'17” E along the East line of said Section 6, a distance of 50.00 fect to the
Northerly R/W of Peachland Blvd; thence continue N 00°16°17” E along said East line of
Section 6, a distance of 1413.11 feet to a point; thence run N 45°05’40” W, 636.03 feet to the
point of beginning: Thence continue N 45°05S’40” W, 810.61 feet to a point on the Easterly
R/W of Kings Highway; thence run the following courses and distances along said R/W; N
42°55°21”" E, 49.38 feet; N 32 °33 02 E, 467.90 feet; N 19 °09 06 E, 137.69 fect; N 25°31°01”
E 323.03 feet; N 64°28°59” W, 13.00 fect to a point on the maintained R/W of Kings
Highway; thence run N 25°31°01” E along said maintained R/W 79.84 fect; then run S$
64°28'59” E, 62.96 feet to the P.C. of a curve to the right, said curve having a central angle
of 59°51°23”, a radius of 321.76 feet and a chord bearing of S 34°33’18” E; thence run
Easterly and Southerly along said curve 336.14 feet to the P.T. thereof; thence run S
07°23°51” W, 1220.67 to the point of beginning.
LESS AND EXCEPT those certain parcels conveyed to Charlotte County as described in
Deeds recorded in Official Records Book 3300, pages 1180 and 1183.
tt. 24050 Tiseo Blvd, Building 1, Units 1-8, 24100 Tiseo Blvd, Building 2, Units 3-6, 10, 12-4,
and 16, and 24150 Tiseo Blvd, Units 1-4, Port Charlotte, Florida 33980, which is legally
described as:
Lots 1 and 2, Brookfield Commons, according to the map or plat thereof as recorded
in Plat Book 17, Pages 54-A and 54-B of the Public Records of Charlotte County,
Florida
uu. 2851 Placida Road, Building B, Units 101 and 102, 2861 Plecida Road, Building C, Units
101 and 102, and 2881 Placida Road, Building A, Englewood, Florida 34224 which is legally
described as:
56122632-1 10
OR BOOK: 4446, PAGE NUMBER: 10°“NSTR# 2715885 PAGE: 11 OF 13 o~
All of Block 105, GROVE CITY SUBDIVISION, according to the Plat thereof as
recorded in Plat Book 1, Page 4 of the Public Records of Charlotte County, Florida
together with the vacated 15.00 foot Public Utility Right of Way located within said
Block 105, as vacated and abandoned by that certain Resolution Number 2000-160, a
Resolution of Board of County Commissioners of Charlotte County, Florida, to
vacate a Fifteen Foot Alley Located in Block 105, Grove City, Charlotte County,
Florida, Petition SV-00-8-13, recorded December 7, 2000 in Official Records Book
1844, Page 1557 of the Public Records of Charlotte County, Florida
3745, 3749, 3751, 3753, and 3755 Cape Haze Drive, Rotonda West, Florida 33947 which is
legally described as:
Lots 758, 759 and 760, ROTONDA SHORES, according to the plat thereof, recorded
in Plat Book 16, Page(s) 7A through 7N, inclusive, of the Public Records of Charlotte
County, Florida
ww. 7410 Sawyer Circle, Units 1-8, Port Charlotte, Florida 33981 which is legally described
as:
Lots 32, 33, and 34, Block 5358, THIRD REPLAT IN PORT CHARLOTTE
SUBDIVISION, SECTION 59, a subdivision according to the plat thereof, recorded
in Plat Book 16, Pages 54A through 54E of the Public Records of Charlotte County,
Florida
xx. 31 Chailett Road, Building A, Units 1-8, 35 Chailett Road, Building C, Units 9-12, and 41
Chailett Road, Building B, Units 13-20, Rotonda West, Florida 33947 which is legally
described as:
Lots I and 2, Block 2, ROTONDA LAKES UNIT 2, according to the plat or map
thereof, recorded in Plat Book 8, Pages 25A through 25G of the Public Records of
Charlotte County, Florida ~
yy. 13386 Ainsworth Lanc, Port Charlotte, Florida 33981 which is legally described as:
Lot 20, Block 4253, PORT CHARLOTTE SUBDIVISION, SECTION 58, a
subdivision according to the Plat thereof as recorded in Plat Book 5, Pages 72A
through 72J, of the Public Records of Charlotte County, Florida
zz, 13400 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as:
56122632-1 il
OR BOOK: 4446, PAGE NUMBER: 10°°°NSTR# 2715885 PAGE: 12 OF 13 re
Lot 27, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thercof as recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
aaa. 13408 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as
Lot 26, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
bbb. 9104 and 9112 Casey Street, Port Charlotte, Florida 33981 which is legally described as:
Lots 3 and 4, Block 4281, PORT CHARLOTTE SUBDIVISION, SECTION 58,
according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of
the Public Records of Charlotte County, Florida
coe. 14292 Ingraham Boulevard, Port Charlotte, Florida 3398 which is legally described as:
Lot 3, Block 4352, PORT CHARLOTTE SUBDIVISION, SECTION 71, a
subdivision, according to the Plat thereof as recorded in Plat Book 6, Pages 27A
through 27L, of the Public Records of Charlotte County, Florida
ddd. 9356 Zorn Street, Port Charlotte, Florida 33981 which is legally described as:
Lot 15, Block 4277 PORT CHARLOTTE SUBDIVISION, SECTION 58, according
to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public
Records of Charlotte County, Florida
eee. 14181 Appleton Boulevard, Port Charlotte, Florida 33981 which is legally described as:
Lot 5, Block 4641 PORT CHARLOTTE SUBDIVISION, SECTION 87, a
subdivision, according to the Plat thereof as recorded in Plat Book 7, Page 20A, of the
Public Records of Charlotte County, Florida
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that I electronically filed the foregoing document on May 31, 2019
with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of
electronic filing to: Mark Slack, Woods, Weidenmiller, Michetti & Rudnick, LLP, 9045 Strada
Stell Court, Suite 400, Naples, Florida 34109 at mslack@lawfirmnaples.com,
msilvestri@lawfirmnaples.com, and service@lawlirmnaples.com, Co-Counsel for Plaintiff,
56122632-1 12
OR BOOK: 4446, PAGE NUMBER: 10*™{NSTR# 2715885 PAGE: 13 OF 13 rn
Glenn N. Siegel, Glenn N. Siegel, P.A., 17825 Murdock Circle, Suite A, Port Charlotte, Florida
33948 at kim@glennsiegellaw.com, Counsel for Gabriel Kirchberger, David K. Oaks, Esq.,
David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950 at
doaksesq@comeast.net, Counsel for Carol DeVille and Southern Shore Enterprises, LLC,
Robert W. Segur, Robert W. Segur P.A., 2828 S. McCall Road PMB 56, Englewood, Florida
34224 at legal@sepurlaw.net, Counsel for Moonstone Holdings, LLC.
ADAMS AND REESE LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Primary: ryan.owen@arlaw.com
Primary: chesanck@arlaw.com
drew.
Secor h.we
Telephone: (941) 316-7600
Co-Counsel for Plaintiff
By:/s/ Ryan W.Owen
Ryan W. Owen
Florida Bar No.: 0029355
Drew F. Chesanek
Preview
Filing # 93641722 E-Filed 08/05/2019 11:04:16 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION CASE NO.. 17-CA-917 HARRY BIEBERSTEIN, Plaintiff, Vv. GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants. einen se GOLDEN KEY PROPERTIES, LLC’S AND ANDREAS KIRCHBERGER’S MOTION TO DISCHARGE LIS PENDENS OR, ALTERNATIVELY, TO REQUIRE A BOND AND FOR AN AWARD OF ATTORNEYS’ FEES AND COSTS Golden Key Properties, LLC (“Golden”) and Andreas Kirchberger (“Andreas”), through counsel, file this Motion To Discharge Lis Pendens or, Alternatively, to Require a Bond, and for an Award of Attorneys’ Fees and state: 1 On or about June 5, 2015, Plaintiff recorded a Notice of Lis Pendens (Lis Pendens) in Official Records Book 4446, at Page 1007, under Instrument # 2715885, of the Public Records of Charlotte County, Florida respecting the real property situated in Charlotte County more particularly described in Paragraph 67 of Plaintiff's Revised Second Amended Complaint (the Property), and respecting other real property. Plaintiff also recorded the Lis Pendens in the Public Records of Lee County, Florida, under Instrument # 2019000137801, and in the Public Records of Sarasota County, Florida, under Instrument # 2019073507. 2 A copy of the Lis Pendens is attached as Exhibit “A.” 3 The Property is owned by Golden. 4 Andreas is the sole owner (member) of Golden. 5 The Property is not mentioned in the “Debt Acknowledgements” sued upon by Plaintiff and more particularly described in Paragraph 23 of the Revived Second Amended Complaint. Neither Andreas nor Golden are a party to such “Debt Acknowledgements.” 6. Plaintiff is not an owner of Golden. 7. Plaintiff has no legal or equitable right, title or interest in the Property. 8. Defendant Gabriel Kirchberger, who is the alleged debtor named in the aforesaid “Debt Acknowledgements”, does not own a membership interest in Golden. Plaintiff does not have a Florida judgment against Defendant Gabriel Kirchberger. 9. The Lis Pendens is not founded on a duly recorded instrument or a lien claimed under Part I of Chapter 713 of the Florida Statutes, 10. Pursuant to the Lis Pendens, Plaintiff sued “to collect a debt obligation, to set aside fraudulent transfers, and declaratory relief establishing that the real property described...[therein]...is the property of Gabriel Kirschberger and is able to satisfy the debt owed to Plaintiff.” 11. The claims of Plaintiff against Defendant Gabriel Kirschberger are based upon the “Debt Acknowledgements”. 12, Plaintiff has no direct claim cognizable under Florida law against or upon the Property. 13. As noted by the Third District Court of Appeal in Blue Star Palms, LLC, etc. v. LED Trust, LLC, 128 So.3d 36 (Fla. 3 DCA 2012): “A complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens.” Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2™ DCA 1982); accord Ness Racquet Club, LLC. V. Renzi Holdings, Inc., 959 So.2d 758, 761 (Fla. 3 DCA 2007) (“It is well settled that in the absence of a duly recorded instrument, when there is no ‘direct claim cognizable under the law against or upon the ... property burdened by the lis pendens’, no lis pendens may be asserted under any conditions against the realty ...’” (quoting Sunrise Point, Inc. y. Foss, 373 So.2d 438, 439 (Fla. 3 DCA 1979)). When a plaintiff can be afforded complete relief on a claim without reference to the title to the real property, a lis pendens cannot be maintained. Beefy King Int'l Inc. v. Veigle, 464 F.2d 1102, 1104 6 Cir. 1972) (“Under the Florida cases a lis pendens is proper only when the requested relief might specifically affect the property in question.”). 14. In Blue Star Palms, LLC, supra at 39, the Third District cited and followed DeGuzman v. Balsini, 930 So.2d 752, 753 (Fla. 5 DCA 2006) (“When the primary purpose of a lawsuit is to recover money damages and the action does not directly affect the real property, the filing of a notice of lis pendens is not authorized.”); Sunrise Point, supra at 439; see also Beefy King Int'l Inc., supra at 1104. 15. In DeGuzman, supra, a mother filed a notice of lis pendens on a father’s real property “to recover child support and other financial payments owed her. However, the property was not ... included in the settlement agreement entered into by the parties”. See DeGuzman, supra at 754. The 5 DCA appropriately found that the mother’s “lis pendens ...should not have been filed because there is no connection between” ... the mother’s ... “litigation to enforce and require payment of child support and the real property against which she filed the lis pendens.” She completely failed to show any grounds to assert equitable or legal title to the property, nor any connection to it other than as a potential source from which to recoup child support. A lis pendens is not an appropriate instrument for use in promoting recoveries in actions for money judgments. DeGuzman, supra at 754, 755. 16. “When the primary purpose of a lawsuit is to recover money damages and the action does not directly affect title to or the right of possession of real property, the filing of a notice of lis pendens is not authorized. Jd. A notice of lis pendens is properly filed when a person seeks to enforce any claim upon designated real estate, but a lien which may result after a judgment provides no basis for filing of a lis pendens notice. DeGuzman, supra at 755. 17. In DeGuzman, supra, the court opined that the mother had no entitlement to a lis pendens against the father’s real property, with the circuit court even going so far as to find that the lis pendens “was devoid of merit and frivolous”. See DeGuzman, supra at 754. If the DeGuzman notice of lis pendens filed against the father’s real property was “devoid of merit and frivolous”, Plaintiff's Lis Pendens is doubly devoid of merit and frivolous, as the alleged debtor under the aforesaid “Debt Acknowledgements”, Gabriel Kirchberger, does not even own the Property. Likewise, Plaintiff does not even have a Florida judgment against him. Even assuming, arguendo, that Gabriel Kirchberger owned the Property, which is not the case, Plaintiffs Lis Pendens is devoid of merit and frivolous under DeGuzman and Blue Star Palms, LLC. 18. Florida Statutes 48.23(3) provides as follows: “When the initial pleading does not show that the action is founded on a duly recorded instrument or on a lien claimed under part I of Chapter 713 or when the action no longer affects the subject property, the court shall control and discharge the recorded notice of lis pendens as the court may grant and dissolve injunctions.” 19. As such, Golden and Andreas request that the Lis Pendens, being devoid of merit, be forthwith dissolved and discharged as a matter of law. 20. Without waiving its claims that the Lis Pendens must be forthwith dissolved and discharged, if the Court does not immediately dissolve and discharge the Lis Pendens, Golden requests that the Court set this matter for an evidentiary hearing to dissolve and discharge the Lis Pendens and to set an appropriate bond to be posted by Plaintiff as a condition of maintaining the Lis Pendens. Nothing herein will serve to waive or limit any matters that Golden may present at such evidentiary hearing. 21. At present, Golden’s Property is tied up with a de facto no-notice, no-bond, pre-judgment illegal injunction resulting from the Lis Pendens, which creates a huge adverse cloud on the title to the Property. The Lis Pendens effectively prevents Golden and Andreas from mortgaging, selling, conveying and otherwise dealing with the Property and/or the loan proceeds and/or sales proceeds thereof; it may also serve to discourage potential tenants from renting at the Property. Plaintiff is liable for all damages sustained by Golden and Andreas as a result of the Lis Pendens. As long as the Lis Pendens remains in place, title to the Property will remain clouded and Golden and/or Andreas could be damaged. 22. If the Court determines, after an evidentiary hearing, that the appropriate protection from harm to Plaintiff is the continued existence of the Lis Pendens, Plaintiff must post a bond. Licea v. Anilo, 691 So.2d 29 (Fla. 3 DCA 1997). Once the Court determines the need for a bond, it must consider the amount of damages that might result from the continued existence of the Lis Pendens. Nickerson v. Watermark Marina of Palm City, L.L.C., 978 So.2d 187 (Fla. 4" DCA 2008). This requires an evidentiary hearing. S & T Builders v. Globe Properties, Inc., 944 So.2d 302 (Fla. 2006). At the evidentiary hearing, Golden and Andreas must offer evidence of the amount of the loss or damage likely to be incurred by them if the Lis Pendens is unjustified. Hotel Europe, Inc. v. Aouate, 766 So.2d 1149 (Fla. 3° DCA 2000). 23. The amount of the bond should bear a reasonable relationship to the likely damages that would be caused by the unjustified Lis Pendens. Real Investments LLC v. Oaks Group, Inc., 973 $0.2d 643 (Fla. 4 DCA 2008). Golden and Andreas submits that the minimum bond to cover their damages should be the sum of the value of the Property, plus a premium thereon to compensate Golden and Andreas for their inability to use the Property and its proceeds in such manners as they deem appropriate, plus their actual and anticipated attorneys’ fees incurred and to be incurred herein. 24. In this case, Plaintiff is not a Florida judgment creditor. Even if the Court were to determine that Plaintiff is akin to a judgment creditor pursuant to the “Debt Acknowledgements” sued upon, Plaintiff must post a bond because the Lis Pendens is not founded on a duly recorded instrument. Porter Homes, Inc. v. Soda, 540 $0.2d 195 (Fla. 2" DCA 1989). 25. Golden and Andreas have retained their undersigned attorneys and are obligated to pay their attorneys a reasonable fee for their services herein. Golden and Andreas are entitled to recover their attorneys’ fees and costs for the preparation, filing and prosecution of this motion including, without limitation, for the time spent arguing same at any hearings. S & T Builders, supra, An order on a motion to dissolve a notice of lis pendens is treated as a final order. Loidl v. 1 & E Group, Inc., 927 So.2d 1016 (Fla. 2d DCA 2006). Golden and Andreas can recover their attorneys’ fees against Plaintiff upon dissolution of the Lis Pendens regardless of whether Plaintiff posts a bond. Abner v. Johnson, 56 So.3d 137 (Fla. 4" DCA 201 1). WHEREFORE, Golden respectfully requests that this Court discharge the Lis Pendens, and if the Lis Pendens is not discharged, that the Court schedule this matter for an evidentiary hearing on Golden’s and Andreas’ motion to discharge the Lis Pendens or, alternatively, to compel the Plaintiff to forthwith post a bond in a sum that the Court deems sufficient to cover the damages that Golden and Andreas will sustain if the Lis Pendens is not forthwith discharged and dissolved, and that the Court award reasonable attorneys’ fees and costs to Golden and Andreas, and that the Court award Golden and Andreas any other relief that the Court believes to be fair, just and equitable under Florida Law. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been filed with the Clerk of Court via the Florida Courts E-Filing Portal which will serve as a notice of electronic filing upon all counsel of record this 5" day of August, 2019. BAUR & KLEIN, P.A. Attorneys for Golden Key Properties, LLC and Andreas Kirchberger New World Tower, Suite 2100 100 North Biscayne Boulevard Miami, Florida 33132 Phone: (305) 377-3561 / Fax: (305) 371-4380 By CHRISTOPHER J. KLEIN Fla’ U Bar. N 11855 ckle: widelaw.com delaw.com ocardonne’ sworldwidelaw.com + CHARLOTTE COUNTY CLERK OF, (RCUIT COURT OR BOOK: 4446, PGS: 100}0RAGE: 1 OF 13 INSTR 4 2715885 Doc Type: LP, Reco. a2 6/5/2019 at 3:18 PM _ Rec. Fee: ERECORDED CashierBy: CARLENEG Filing# 90415800 E-Filed 05/31/2019 05:50:19 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION HARRY BIEBERSTEIN, Plaintiff, ¥. Case No. 17-CA-917 GABRIEL KIRCHBERGER, CAROL DEVILLE, SOUTHERN SHORES ENTERPRISES, LLC, a Florida limited liability company, and MOONSTONE HOLDINGS, LLC, a Nevada limited liability company, Defendants. / NOTICE OF LIS PENDENS TO: GABRIEL KIRCHBERGER CAROL DEVILLE CHRISTINE FRAZER ANDREAS KIRCHBERGER NICLAS X. KIRCHBERGER MOONSTONE HOLDINGS, LLC SOUTHERN SHORES ENTERPRISES, LLC GOLDEN KEY PROPERTIES, LLC, and ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED OF THE FOLLOWING: q) The Plaintiff has instituted this action against you seeking to collect a debt obligation, to set aside fraudulent transfers, and declaratory relicf establishing that the real property described below is the property of Gabricl Kirchberger and is available to satisfy the debt owed Plaintiff. (2) The Plaintiff in this action is HARRY BIEBERSTEIN. G) The date of the institution of the Second Amended Complaint in this action is on May 31, 2019. @ The properties that are the subject matter of this action are in Sarasota, Charlotte, and Lee Counties, Florida, and are described as follows: a, 2276 Yancy Strect, North Port, Florida 34291, which is legally described as: 5$6122632-1 exuiait "4" OR BOOK: 4446, PAGE NUMBER: 10(%ANSTR# 2715885 PAGE: 2 OF 13 ro es Lot 9, Block 568 of 16TH ADDITION TO PORT CHARLOTTE SUBDIVISION, a subdivision according to the map or plat thercof recorded in Plat Book 14, Pages 6, 6A through 6V, inclusive, of the Public Records of Sarasota County, Florida 13035 South Tamiami Trail, North Port, Florida 34287, which is legally described as: Lots 17 and 18, Block 933, Fifteenth Addition to Port Charlotte Subdivision, accordii to the Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of Sarasota County, Florida 13075 South Tamiami Trail, North Port, Florida 34287, which is legally described as: Lot 19, Block 933, Fificenth Addition to Port Charlottc Subdivision, according to the Plat thereof as recorded in Plat Book 13, Pages 14, 14A through 14B, of the Public Records of Sarasota County, Florida 4868 England Avenue, North Port, Florida 34288, which is legally described as; Lot 23, Block 948 of 22"? ADDITION TO PORT CHARLOTTE SUBDIVISION, a subdivision according to the map or plat thereof recorded in Plat Book 14, Page 10, of the Public Records of Sarasota County, Florida 368 Bonsell Lane, Port Charlotte, Florida 33953, which is legally described as: Lot 5, Block 2525 PORT CHARLOTTE SUBDIVISION, SECTION 47, as per plat thereof recorded in Plat Book 5, page 61A, Public Records of Charlotte County, Florida 12038 Green Gulf Blvd., Port Charlotte, Florida 33955', which is legally described as: Lot 8, Block 81, TROPICAL GULF ACRES, UNIT 6, as per plat thereof recorded in Plat Book 3, pages 67A through 67F, Public Records of Charlotte County, Florida 1810 and 1814 El Jobean Road and 1933 Royalvicw Drive, Port Charlotte, Florida 33948, which is legally described as: Lots 9, 65, and 66, Block 655, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte County, Florida 1435 Collingwood Bivd, Units A-G Port Charlotte, Florida 33948, which is legally described as: ' One-half interest with DeVille. 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10f""NSTR# 2715885 PAGE: 3 OF 13 oN Lots 23 and 24, Block 658, PORT CHARLOTTE SUBDIVISION, SECTION 41, as per plat thereof recorded in Plat Book 5, pages 51, 51A through 51K, Public Records of Charlotte County, Florida 4169 Electric Way, Port Charlotte, Florida 33980, which is legally described as: Lot 3, HARBOR EXECUTIVE PARK, according to the plat thereof recorded in Plat Book 15 Pages 30A through 30B, Public Records of Charlotte County, Florida 10508 Gulfstream Boulevard, Englewood, Florida 34224, which is legally described as: Lot 17, Block 3664, PORT CHARLOTTE SUBDIVISION, SECTION 64, as per plat thereof recorded in Plat Book 5, Pages 78A through 78F, Public Records of Charlotic County, Florida 27209 Sandrala Drive, Punta Gorda, Florida 33955, which is legally described as: Lot 1, Block 277 TROPICAL GULF ACRES, UNIT 10, as per plat thercof recorded in Plat Book 4, Pages 76A through 76N, of the Public Records of Charlotte County, Florida 2814 69% Street West, Lehigh Acres, Florida 33971?, which is legally described as: Lot 18, Block 59, Unit 6, Section 1, Lehigh Acres, Township 44 South, Range 26 East, according to the map or plat thereof on file in the Office of the Clerk of the Circuit Court, recorded in Pat Book 15, Page 58 of the Public Records of Lee County, Florida. m 350 Elmstreet Court, Englewood, Florida 34223, which is legally described as: Lots 1-6, ELMSTREET SUBDIVISION, according to the Plat thereof, recorded in Plat Book 22, Page 13 of the Public Records of Sarasota County, Florida together with the private road known as Elmstrect Court Al Lime Street, Englewood, Florida 34223, which is legally described as: Lot 43, Lasbury Pine Acres, a subdivision according to the plat thereof recorded at Plat Book 5, Page 81 of the Public Records of Sarasota County, Florida 2562 Commerce Parkway, #11, North Port, Florida 34289, which is legally described as: Building 11, (also known as Unit 1100) Toledo Blade Professional Center, a Condominium, according to the Declaration of Condominium thereof recorded December 10, 1999 as Clerk’s Instrument #1999163191, according to Condominium Book 32, Page 1, IA and 1B, as amended by Amendment to Declaration of ? One-half interest with DeVille 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10/*™WSTR# 2715885 PAGE: 4 OF 13 ro Condominium of Toledo Blade Professional Center, a Condominium, recorded as Clerk’s Instrument #2006016521, and according to Condominium Book 38, Page 39 through 39C, all of the Public Records of Sarasota County, Florida 3417 Junction Street, North Port, Florida 34288, which is legally described as: Lot 2, Block 763, 12™ ADDITION TO PORT CHARLOTTE SUBDIVISION, according to the map or plat thereof recorded in Plat Book 8, Pages 8, 8A through 8V, inclusive, of the Public Records of Sarasota County, Florida 750 and 752 Tamiami Trail, Buildings 1 and 2, Port Charlotte, Florida 33953, which is legally described as: Lots i, 2, 19, 20, 21, 22, and 23, Block 1115, PORT CHARLOTTE SUBDIVISION, SECTION 22, a subdivision according to the Plat thereof, recorded in Plat Book 5, Pages 12A through 13G of the Public Records of Charlotte County, Florida, LESS AND EXCEPT that portion of Lots 1 and 2 conveyed to the State of Florida Department of Transportation and recorded in Official Records Book 392, Page 730 of the Public Records of Charlotte County, Florida 20332 Kenilworth Blvd or 224 Atwater Street, Port Charlotte, Florida 33954, which is legally described as: Lot 1, Block 897, PORT CHARLOTTE SUBDIVISION, SECTION 19, as per plat thereof recorded in Plat Book 5, Pages 9A through 9C, of the Public Records of Charlotte County, Florida 1231 Market Circle, Unit 7, Port Charlotte, Florida 33953 which is legally described as: Lot 6, Block 3, of Port Charlotte Industrial Park, a subdivision according to the plat thereof, as recorded in Plat Book 7, Pages 61A through 61D, of the Public Records of Charlotte County, Florida 18290 Paulson Drive, Buildings A-D, Port Charlotte, Florida 33954, which is legally described as: Lot 4, Block 8, Port Charlotte Industrial Park Unit Two, according to the map or plat thereof as recorded in Plat Book 16, Page 35-A of the Public Records of Charlotte County, Florida 22243 Catherine Avenue, Port Charlottc, Florida 33952, which is legally described as: 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10/*"NSTR# 2715885 PAGE: 5 OF 13 oN Lot 30, Block 2766, PORT CHARLOTTE SUBDIVISION, SECTION 33, according to the Plat thereof recorded in Plat Book 5, Pages 35A through 35F, of the Public Records of Charlotte County, Florida 21066 Gephart Avenue, Port Charlotte, Florida 33952, which is legally described as: Lot 6, Block 2828, PORT CHARLOTTE SUBDIVISION, SECTION 45, according to the Plat thereof recorded in Plat Book 5, Pages 56A through 56E of the Public Records of Charlotte County, Florida 3005 Caring Way, Units 1-2, Port Charlotte, Florida 33952, which is legally described as: Tract D, Port Charlotte Plaza Section One, according to the plat thercof as recorded in Plat Book 7, Page(s) 63A-63B, Public Records of Charlotte County, Florida 23210 and 23220 Harper Avenue, Port Charlotte, Florida 33980, which is legally described aS: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Block 16 and all of Blocks 17 and 18, including those portions of the vacated avenues, streets and alleys of K.B. Harvey’s Central Division, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida lying within the following described parcel: Beginning at the Southeast corner of said Block 17; THENCE South 81°38°32” West, along the Northerly right-of-way line of Harper Avenue, a distance of 611,25 feet; THENCE North 00°20°07” East, along the centerline of the vacated Church Street, a distance of 200.00 feet, THENCE North 81°37°33” East, a distance of 610.09 feet to a Point on the West right-of-way line of Pine Street THENCE South along said West right-of way line a distance of 200.00 feet to the Point of Beginning. LESS AND EXCEPT: A parcel of land lying in Section 25, Township 40 South, Range 22 East, Charlotte County, Florida, and being a portion of Blocks 16 and 17 and a portion of vacated Gulf Avenue of K.B. Harvey’s Central Division of Charlotte Harbor, according to the plat thereof as recorded in Plat Book 1, Page 14, of the Public Records of Charlotte County, Florida, and being more particularly described as followings: Beginning at the Southeast corner of said Block 17; THENCE ran South 81 38 32” West on the Northerly righ-of-way line of Harper Avenue a distance of 100,00 feet; THENCE North on a line parallel with the West right-of-way line of Pinnacle Strect (Pine Street — Plat) a distance of 199.97 fect, THENCE North 81 37 33” East a distance of 100,00 feet to the West right-of-way line of said Pinnacle Street; THENCE South on said West right-of-way line a distance of 200.00 feet to the Point of Beginning 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10/*"WSTR# 2715885 PAGE: 6 OF 13 mn 4280 James Street, Units 1-8 and 4290 James Street, Units 1-8, Port Charlotte, Florida 33980, which is legally described as: Units 16 and 17, Whidden Industrial Park Condominium, Phase Il, a Condominium according to the Declaration of Condominium recorded in O.R. Book 1028, Page 750, as amended in O.R. Book 1060, Page 515 to add Phase II, and all exhibits and amendments thereto, and recorded in Condominium Book 8, Pages 68-A and 68-B, Public Records of Charlotte County, Florida 2828 S McCall Road, Units 27-31, Englewood, Florida 34224, which is legally described as: Units 27, 28, 29, 30, and 31, TIFFANY SQUARE, a condominium according to the Declaration of Condominium recorded in O.R. Book 1319, Page 2115, et. Seq. and according to the Plat thereof recorded in Condominium Book 10, Pages 51A through 5IC, of the Public Records of Charlotte County, Florida together with an undivided interest in the common elements appurtenant thereto. aa. 1605 Morning Dove Lane, Units A-C, Englewood, Florida 34224, which is legally described BS: Lot 2 and the West 12 fect of Lot 1, Block B, Breezewood Manor, according to the map or plat thereof, as recorded in Plat Book 7, Page 12, of the Public Records of Charlotte County, Florida bb. 136 and 138 Boundary Boulevard, Rotunda West, Florida 33947, which is legally described as: Lots 952 and 953, ROTONDA WEST, OAKLAND HILLS, as per plat recorded in Plat Book 8, Pages 15A through 15K, of the Public Records of Charlotte County, Florida ce, 14146 Wenzel Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 33, Block 4207, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida dd. 8073 Bosco Road, Port Charlotte, Florida 33981, which is legally described as: Lot 4, Block 4960, PORT CHARLOTTE SUBDIVISION, SECTION 93, according to the Plat thereof, recorded in Plat Book 9, Pages 1A through ZA, of the Public Records of Charlotte County, Florida 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10/*"NSTR# 2715885 PAGE: 7 OF 13 ew ee, 8559 Agate Sireet, Port Charlotte, Florida 33981, which is legally described as: Lot 30, Block 4251, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 13543 Ainsworth Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 11, Block 4256, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida gg. 13360 Gershwin Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida hh. 13364 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 17, Block 4262, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida i 13363 Journal Lane, Port Charlotte, Florida 33981, which is legally described as: Lot 12, Block 4263, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida 9283 Cyclamen Street, Port Charlotte, Florida 33981, which is legally described as: Lot 26, Block 4405, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42], of the Public Records of Charlotte County, Florida kk, 13655 Allamanda Circle, Port Charlotte, Florida 33981, which is legally described as: Lot 6, Block 4398, PORT CHARLOTTE SUBDIVISION, SECTION 78, according to the Plat thereof, recorded in Plat Book 6, Pages 42A through 42J, of the Public Records of Charlotte County, Florida IL 9553 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: 56122632-1 OR BOOK: 4446, PAGE NUMBER: 10/°°™"NSTR# 2715885 PAGE: 8 OF 13 on Lot 27, Block 4276, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thercof, recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida mm. 10073 Winnipeg Street, Port Charlotte, Florida 33981, which is legally described as: Lot 32, Block 4584, PORT CHARLOTTE SUBDIVISION, SECTION 87, according to the Plat thereof, recorded in Plat Book 7, Pages 20A through 20N, inclusive, of the Public Records of Charlotte County, Florida nn. 10173 Calumet Boulevard, Port Charlotte, Florida 33981, which is legally described as: Lot 5, Block 4597, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plai thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida 00. 13385 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 6, Block 4589, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida 13420 Galveston Avenue, Port Charlotte, Florida 33981, which is legally described as: Lot 22, Block 4588, PORT CHARLOTTE SUBDIVISION, SECTION 85, according to the Plat thereof, recorded in Plat Book 6, Pages 60A through 60Q, of the Public Records of Charlotte County, Florida 94 8911-8919 North Fork Drive, North Fort Myers, Florida 33903, which is legally described as: The South 168.10 feet of the East 305.31 feet of Lot 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lec County, Florida, including an easement for roadway purposes over the following described parcels: Parcel I: The North 30 feet of the South 183.10 feet of Loi 59, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida and Parcel 2: 56122632-1 OR BOOK: 4446, PAGE NUMBER: 107°™NSTR# 2715885 PAGE: 9 OF 13 wn The Southwesterly 30 fect of Lot 53, Block 1, TAMIAMI CITY, according to the plat thereof recorded in Plat Book 9, Page 6, Public Records of Lee County, Florida, more particularly described as beginning at the Southeasterly corner of Lot 53, Block 1, TAMIAMI CITY; thence proceed in a Southwesterly direction along the South line of said Lot 53 to the Southwesterly comer of said Lot 52; thence Northerly along the Westerly boundary of said Lot 53 for 30 feet; thence Northeasterly along line parallel to and 30 feet Northwesterly of the South line of said Lot 53 to intersection of the Easterly line of said Lot 53; thence Southeasterly to the Point of Beginning 942, 946 and 950 Tamiami Trail, Port Charlotte, Florida 33953, which is legally described as: All of Grand Oaks Plaza Il, a Condominium according to the Declaration of Condominium thereof recorded in Condominium Plat Book 16, Pages 9A through 9E, inclusive, all of the Public Records of Charlotte County, Florida, together with an undivided fractional or percentage interest or share in the common clements appurtenant thereto LESS AND EXCEPT Unit 206, Grand Oaks Plaza II, a Condominium according to the Declaration of Condominium thereof recorded in Condominium Plat Book 16, Pages 9A through 9E, inclusive, all of the Public Records of Charlotte County, Florida, together with an undivided fractional or percentage interest or share in the common elements appurtenant thereto 8S. 200, 250, and 300 Kings Highway, Punta Gorda, Florida 33983, which is legally described as: A parcel of land lying in the Northeast % of Section 6, Township 40 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 6, Township 40 South, Range 23 East; thence S 00°16°25” W (bearing based on D.O.T. right-of-way maps for State Road 93 (1-75), Section 01075-2404), along the East line of Northeast % of said Section 6 for 668.89 feet to an intersection with the centerline of King’s Highway; thence S$ 25°31°01" W, along the centerline of King’s Highway for 862.22 fect to the point of beginning of the hercin described parcel of land; thence continue S 25°31’01” W, along the centerline of King’s Highway for 486.05 feet; thence S 64°28’59” E for 100.00 feet to the point of a curvature of a circular curve concave to the Southwest; thence along the arc of said curve, having a radius of 321.76 feet and a central angle of 59°51°23” for 336.14 feet; thence N 85°22'24” E, for 302.28 feet of an intersection with the East linc of the Northeast % of said Section 6, Township 40 South, Range 23 East; thence N 0°16’25” E, along the East line of the Northeast “% of said Section 6 for 720.00 feet; thence N 89°43735” W for 367.71 fect to the point of beginning. Less therefrom the existing maintained right-of-way of King’s Highway. 56122632-1 OR BOOK; 4446, PAGE NUMBER: 10°™\NSTR# 2715885 PAGE: 10 OF 13 oN TOGETHER WITH Commence at the Southeast comer of Section 6, Township 40 South, Range 23 East; thence tun N 00°16"17” E along the East line of said Section 6, a distance of 50.00 feet to the Northerly R.O.W. of Peachland Blvd; thence continue N 00°16"17” E along said East line of Section 6, a distance of 1413.11 feet ot the point of beginning: Thence continue N 00°16"17” E along said East line of Section 6, a distance of 1683.92 feet; thence run S 85°22716” W, 302.28 feet; then run $ 07°23°51” W, 1220.67 feet; then run S 45°05*40” EB, 636.03 feet to the point of beginning TOGETHER WITH Commence at the Southeast corner of said Scction 6, Township 40 South, Range 23 East; thence run N 00°16'17” E along the East line of said Section 6, a distance of 50.00 fect to the Northerly R/W of Peachland Blvd; thence continue N 00°16°17” E along said East line of Section 6, a distance of 1413.11 feet to a point; thence run N 45°05’40” W, 636.03 feet to the point of beginning: Thence continue N 45°05S’40” W, 810.61 feet to a point on the Easterly R/W of Kings Highway; thence run the following courses and distances along said R/W; N 42°55°21”" E, 49.38 feet; N 32 °33 02 E, 467.90 feet; N 19 °09 06 E, 137.69 fect; N 25°31°01” E 323.03 feet; N 64°28°59” W, 13.00 fect to a point on the maintained R/W of Kings Highway; thence run N 25°31°01” E along said maintained R/W 79.84 fect; then run S$ 64°28'59” E, 62.96 feet to the P.C. of a curve to the right, said curve having a central angle of 59°51°23”, a radius of 321.76 feet and a chord bearing of S 34°33’18” E; thence run Easterly and Southerly along said curve 336.14 feet to the P.T. thereof; thence run S 07°23°51” W, 1220.67 to the point of beginning. LESS AND EXCEPT those certain parcels conveyed to Charlotte County as described in Deeds recorded in Official Records Book 3300, pages 1180 and 1183. tt. 24050 Tiseo Blvd, Building 1, Units 1-8, 24100 Tiseo Blvd, Building 2, Units 3-6, 10, 12-4, and 16, and 24150 Tiseo Blvd, Units 1-4, Port Charlotte, Florida 33980, which is legally described as: Lots 1 and 2, Brookfield Commons, according to the map or plat thereof as recorded in Plat Book 17, Pages 54-A and 54-B of the Public Records of Charlotte County, Florida uu. 2851 Placida Road, Building B, Units 101 and 102, 2861 Plecida Road, Building C, Units 101 and 102, and 2881 Placida Road, Building A, Englewood, Florida 34224 which is legally described as: 56122632-1 10 OR BOOK: 4446, PAGE NUMBER: 10°“NSTR# 2715885 PAGE: 11 OF 13 o~ All of Block 105, GROVE CITY SUBDIVISION, according to the Plat thereof as recorded in Plat Book 1, Page 4 of the Public Records of Charlotte County, Florida together with the vacated 15.00 foot Public Utility Right of Way located within said Block 105, as vacated and abandoned by that certain Resolution Number 2000-160, a Resolution of Board of County Commissioners of Charlotte County, Florida, to vacate a Fifteen Foot Alley Located in Block 105, Grove City, Charlotte County, Florida, Petition SV-00-8-13, recorded December 7, 2000 in Official Records Book 1844, Page 1557 of the Public Records of Charlotte County, Florida 3745, 3749, 3751, 3753, and 3755 Cape Haze Drive, Rotonda West, Florida 33947 which is legally described as: Lots 758, 759 and 760, ROTONDA SHORES, according to the plat thereof, recorded in Plat Book 16, Page(s) 7A through 7N, inclusive, of the Public Records of Charlotte County, Florida ww. 7410 Sawyer Circle, Units 1-8, Port Charlotte, Florida 33981 which is legally described as: Lots 32, 33, and 34, Block 5358, THIRD REPLAT IN PORT CHARLOTTE SUBDIVISION, SECTION 59, a subdivision according to the plat thereof, recorded in Plat Book 16, Pages 54A through 54E of the Public Records of Charlotte County, Florida xx. 31 Chailett Road, Building A, Units 1-8, 35 Chailett Road, Building C, Units 9-12, and 41 Chailett Road, Building B, Units 13-20, Rotonda West, Florida 33947 which is legally described as: Lots I and 2, Block 2, ROTONDA LAKES UNIT 2, according to the plat or map thereof, recorded in Plat Book 8, Pages 25A through 25G of the Public Records of Charlotte County, Florida ~ yy. 13386 Ainsworth Lanc, Port Charlotte, Florida 33981 which is legally described as: Lot 20, Block 4253, PORT CHARLOTTE SUBDIVISION, SECTION 58, a subdivision according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida zz, 13400 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as: 56122632-1 il OR BOOK: 4446, PAGE NUMBER: 10°°°NSTR# 2715885 PAGE: 12 OF 13 re Lot 27, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thercof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida aaa. 13408 Gershwin Lane, Port Charlotte, Florida 33981 which is legally described as Lot 26, Block 4260, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida bbb. 9104 and 9112 Casey Street, Port Charlotte, Florida 33981 which is legally described as: Lots 3 and 4, Block 4281, PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida coe. 14292 Ingraham Boulevard, Port Charlotte, Florida 3398 which is legally described as: Lot 3, Block 4352, PORT CHARLOTTE SUBDIVISION, SECTION 71, a subdivision, according to the Plat thereof as recorded in Plat Book 6, Pages 27A through 27L, of the Public Records of Charlotte County, Florida ddd. 9356 Zorn Street, Port Charlotte, Florida 33981 which is legally described as: Lot 15, Block 4277 PORT CHARLOTTE SUBDIVISION, SECTION 58, according to the Plat thereof as recorded in Plat Book 5, Pages 72A through 72J, of the Public Records of Charlotte County, Florida eee. 14181 Appleton Boulevard, Port Charlotte, Florida 33981 which is legally described as: Lot 5, Block 4641 PORT CHARLOTTE SUBDIVISION, SECTION 87, a subdivision, according to the Plat thereof as recorded in Plat Book 7, Page 20A, of the Public Records of Charlotte County, Florida CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that I electronically filed the foregoing document on May 31, 2019 with the Clerk of Court using the Florida Courts E-Filing Portal, which will send a notice of electronic filing to: Mark Slack, Woods, Weidenmiller, Michetti & Rudnick, LLP, 9045 Strada Stell Court, Suite 400, Naples, Florida 34109 at mslack@lawfirmnaples.com, msilvestri@lawfirmnaples.com, and service@lawlirmnaples.com, Co-Counsel for Plaintiff, 56122632-1 12 OR BOOK: 4446, PAGE NUMBER: 10*™{NSTR# 2715885 PAGE: 13 OF 13 rn Glenn N. Siegel, Glenn N. Siegel, P.A., 17825 Murdock Circle, Suite A, Port Charlotte, Florida 33948 at kim@glennsiegellaw.com, Counsel for Gabriel Kirchberger, David K. Oaks, Esq., David K. Oaks, P.A., 407 East Marion Avenue, Suite 101, Punta Gorda, Florida 33950 at doaksesq@comeast.net, Counsel for Carol DeVille and Southern Shore Enterprises, LLC, Robert W. Segur, Robert W. Segur P.A., 2828 S. McCall Road PMB 56, Englewood, Florida 34224 at legal@sepurlaw.net, Counsel for Moonstone Holdings, LLC. ADAMS AND REESE LLP 1515 Ringling Boulevard, Suite 700 Sarasota, Florida 34236 Primary: ryan.owen@arlaw.com Primary: chesanck@arlaw.com drew. Secor h.we Telephone: (941) 316-7600 Co-Counsel for Plaintiff By:/s/ Ryan W.Owen Ryan W. Owen Florida Bar No.: 0029355 Drew F. Chesanek