24-01279P
NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CIVIL ACTION NO.: 2024CA001522
PARCEL NO.: 119
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION,
Petitioner, vs.
GLOBE ROAD PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY; XANDICANE II,
LLC, A FLORIDA LIMITED LIABILTY COMPANY; KAREN L. ZACK; TIMOTHY D. SHULER;
DANIEL G. GENDRON; RICHARD C. WILCOX; DARREN JP WARTA; ROSEMARY MORRIS, NKA
ROSEMARY D. WOOLFE, INDIVIDUALLY AND AS TRUSTEE; LEONARD ROSENDE, JR., AS TO A LIFE ESTATE AND AS TRUSTEE; LINDA G. ROSENDE,
AS TO A LIFE ESTATE AND AS TRUSTEE; RICHARD C. WILCOX; CAL-MAINE FOODS, INC., A DELAWARE CORPORATION; PHILIP E. RUSSELL, AS TO A LIFE
ESTATE; PHILIP M. BROWN; MARION SCOTT RUSSELL;
KELLY NICHELLE RUSSELL, AKA KELLY RUSSELL; ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 119; AND PASCO COUNTY TAX
COLLECTOR,
Defendants.
STATE OF FLORIDA TO:
Globe Road Properties LLC, a Florida Limited Liability Company
Serve: Jim Helinger, Jr., Esq.
Helinger DeYoung
5650 1st Avenue N.
St. Petersburg, FL 33710
Xandicane II, LLC, A Florida Limited Liability Company
Serve: Scott C. Zednek, as Registered Agent
1230 SW 6th Street
Pompano Beach, FL 33069
Karen L. Zack
Serve: Karen L. Zack
1425 E Mulberry Drive
Tampa, FL 33604-3449
Timothy D. Schuler
Serve: Timothy D. Schuler
27233 Old Spring Lake Road
Brooksville, FL 34602-8002
Daniel G. Gendron
Serve: Daniel G. Gendron
7499 46th Avenue N. Lot 34
Saint Petersburg, FL 33709-2531
Richard C. Wilcox
Serve: Richard C. Wilcox
7499 46th Avenue N. Lot 24
Saint Petersburg, FL 33709-2530
JP Warta
Serve: Darren JP Warta
7499 46th Avenue N. Lot 34
Saint Petersburg, FL 33709-2530
Rosemary Morris, n/k/a Rosemary D. Woolfe, individually, and as Trustee
Serve: Rosemary D. Woolfe, individually, and as Trustee
427 Sailfish Drive
Tarpon Springs, FL 34688-4901
Leonard Rosende, Jr. as to a life estate and as trustee
Serve: Leonard Rosende, Jr.
3118 W. Morrison Avenue
Tampa, FL 33629
Linda G. Rosende, as to a life estate and as trustee
Serve: Lina G. Rosende
3118 W. Morrison Avenue
Tampa, FL 33629
Richard C. Wilcox
Serve: Richard C. Wilcox
38006 Globe Road
Dade City, FL 33523
Cal-Maine Foods Inc., A Delaware Corporation
Serve: Corporation Service Company, as Registered Agent
1201 Hays Street
Tallahassee, FL 32301-2525
Philip E. Russell, as to a life estate
Serve: Philip E. Russell
38121 Globe Road
Ridge Manor, FL 33523-6616
Philip M. Brown
Serve: Philip M. Brown
38125 Globe Road
Dade City, FL 33523
Marion Scott Russell and Kelly Nichelle Russell, a/k/a Kelley Russell
Serve: Marion Scott Russell
38141 Globe Road
Dade City, FL 33523
Marion Scott Russell and Kelly Nichelle Russell, a/k/a Kelley Russell
Serve: Kelly Nichelle Russell
38141 Globe Road
Dade City, FL 33523
All Unknown Parties That May Have an Interest In Parcel 119
Serve: Via Publication
Pasco County Tax Collector
Serve: Mike Fasano or his designee
East Pasco Government Center
14236 6th Street, Room 100
Dade City, FL 33523-3411
To all said defendants who are living and all defendants who are deceased, if any, and the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit:
WPIS 4475362
STATE ROAD 35
PASCO COUNTY
DESCRIPTION
PARCEL 119
FEE SIMPLE RIGHT OF WAY
A portion of the property described in Official Records Book 6848, Page 807 of the Public Records of Pasco County, Florida, lying in the Northwest 1/4 of Section 23, Township 23 South, Range 21 East, Pasco County, Florida, being further described as follows:
Commence at the Northwest corner of the Northwest 1/4 of Section 23, Township 23 South, Range 21 East, Pasco County, Florida, being marked by a 1 1/2” Iron Pipe with no identification; thence S 89°54’21” E, along the North line of the Northwest 1/4 of said Section 23, a distance of 1831.22 feet to the POINT OF BEGINNING; thence continue S 89°54’21” E, along said North line, a distance of 726.22 feet to the West line of the East 75 feet of said Northwest 1/4 of Section 23; thence S 00°03’23” W, along said West line, a distance of 323.00 feet to the South line of the North 323 feet of the Northwest 1/4 of said Section 23; thence S 89°54’21” E, along said South line, a distance of 75.00 feet to the East line of the Northwest 1/4 of said Section 23; thence S 00°03°23” W, along said East line, 0.03 feet; thence N 89°19’19” E, along the South line of the North 323 feet of the Northeast 1/4 of said Section 23, a distance of 30.73 feet to the existing West right of way line of State Road 35 (U.S. 301) per Florida Department of Transportation Right of Way Maps Section 14050-2522; thence S 13°27’24” W, along said West right of way line, a distance of 195.76 feet; thence S 17°45’11” W, continuing along said West right of way line, a distance of 842.52 feet; thence N 89°36’38” W, departing said West right of way line, a distance of 53.07 feet to a point on a non-tangent curve concave to the Northwest, having a radius of 22830.00 feet; thence Northeasterly 332.54 feet along the arc of said curve, having a central angle of 00°50’04” and a chord bearing and distance of N 15°25’41” E, 332.54 feet to the end of said curve; thence S 75°01’40” E, a distance of 30.00 feet to a non-tangent curve concave to the Northwest, having a radius of 22860.00 feet; thence Northeasterly 15.33 feet along the arc of said curve, having a central angle of 02°02’18” and a chord bearing and distance of N 14°59’30” E, 15.33 feet to the point of tangency; thence N 14°58’20” E, a distance of 205.90 feet to the point of curvature of a curve concave to the Southeast, having a radius of 22976.00 feet; thence Northeasterly 92.08 feet along the arc of said curve, having a central angle of 00°13’47” and a chord bearing and distance of N 15°05’14” E, 92.08 feet to the end of said curve; thence N 74°47’53” W, a distance of 136.87 feet; thence S 81°11’50” W, a distance of 158.10 feet; thence S 57°31’17” W, a distance of 288.02 feet; thence S 07°29’04” W, a distance of 155.45 feet; thence N 61°05’34” W, a distance of 273.42 feet; thence N 00°02’21” E, a distance of 751.08 feet; thence S 89°54’21” E, a distance of 115.48 feet; thence N 00°06’28” E, a distance of 115.00 feet to the POINT OF BEGINNING.
Containing 16.058 acres, more or less.
You are each notified that the Petitioner filed its sworn Petition and its Declaration of Taking in this Court against you as defendants, seeking to condemn by eminent domain proceedings the above-described property located in the State of Florida, County of Pasco. You are further notified that the Petitioner will apply to the Honorable Susan Gardner Barthle, one of the Judges of this Court on the 10th day of September 2024, at 10:00 a.m., at 38053 Live Oak Avenue, Room 127, Dade City, FL 33523, for an Order of Taking Hearing in this cause – to be held in-person. All defendants to this suit may request a hearing at the time and place designated and be heard. Any defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
State of Florida, Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
c/o Africa Altidor
(813) 975-6099
Florida Bar No.: 124595
on or before August 9, 2024, and to file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition.
If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said Order of Taking.
If you are a person with a disability who needs accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Contact either the Pasco County Customer Service Center, 8731 Citizens Drive, New Port Richey, FL 34654, (727) 847-2411 (V), or the Pasco County Risk Management Office, 7536 State Street, New Port Richey, FL 34654, (727) 847-8028 (V), at least seven days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is fewer than seven days. If you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL ON SAID Court on the day of July 10, 2024.
(SEAL) Nikki Alvarez-Sowles
Deputy Clerk
Pasco County Clerk
& Comptroller
July 19, 26, 2024 24-01279P
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