12-1692P

FIRST INSERTION
SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT
DOMAIN PROCEEDINGS
AND NOTICE OF HEARING
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND
FOR PASCO COUNTY, FLORIDA
CASE NO. 51-2012-CA -3199-WS CIVIL DIVISION H
PARCEL(S): FL-PASC-002
FOR PUBLICATION
FLORIDA GAS TRANSMISSION COMPANY, LLC, a Delaware
limited liability company,
Petitioner, v.
J.B. STARKEY, JR.; PASCO COUNTY, a political subdivision of the State of Florida; MIKE OLSON, as Tax Collector Pasco County; and the unknown spouses of the above,
if any, and their heirs, devisees,
assignees, grantees, creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees, lienholders, persons in possession, and any and all other persons having or claiming to have any right, title or interest by, through, under or against the
above-named defendants, or
otherwise claiming any right, title, or interest in the real property described in this action,
Defendants.
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
TO ALL THE SHERIFFS OF THE STATE AND TO ALL WHOM IT MAY CONCERN:
YOU ARE COMMANDED to serve this summons and a copy of the Petition in Eminent Domain, the Declaration of Taking, the Notice of Lis Pendens, and the Motion for Entry for Order of Taking upon:
All defendants named in the attached Party List and all persons claiming interests by, through, under or against the named defendants; all persons having or claiming to have any right, title, or interest in the property described in Exhibit “A” and the unknown spouses of the above-named defendants, if any, and their heirs, devisees, assignees, grantees, creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees, lienholders, persons in possession, and any and all other persons having or claiming to have any right, title or interest by, through, under or against the above-named defendants, or otherwise claiming any right, title, or interest in the real property described in this action.
EXHIBIT “A”
FL-PASC-002
PARCEL DESCRIPTION
PERMANENT SURFACE FACILITY EASEMENT
A DESCRIPTION OF A PERMANENT SURFACE FACILITY EASEMENT, BEING BOUNDED ON THE SOUTHEAST AND NORTHWEST BY THE GRANTOR'S PROPERTY LINES AND BOUNDED ON THE SOUTHWEST BY THE NORTHEAST RIGHT OF WAY LINE OF THE PROPOSED MARSHA DRIVE EXTENSION, SITUATED IN SECTION 19, TOWNSHIP 26 SOUTH, RANGE 17 EAST, PASCO COUNTY, FLORIDA, BEING ON, OVER, AND ACROSS THAT CERTAIN TRACT OF LAND DESCRIBED BY WARRANTY DEED TO J. B. STARKEY, JR., RECORDED IN OFFICIAL RECORDS BOOK 981, PAGE 428 IN THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA. SAID PERMANENT SURFACE FACILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1” IRON PIPE (NO IDENTIFICATION) FOUND FOR THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THENCE N 25°08'36” E FOR A DISTANCE OF 1455.94 FEET TO A 5” X 5” CONCRETE MONUMENT (NO IDENTIFICATION) FOUND ON THE GRANTOR'S SOUTHEAST PROPERTY LINE AND THE NORTHWEST LINE OF THAT CERTAIN TRACT OF LAND DECRIBED BY DEED TO FLORIDA POWER CORPORATION, RECORDED IN OFFICIAL RECORDS BOOK 276, PAGE 184, IN THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE ALONG THE GRANTOR'S SOUTHEAST PROPERTY LINE AND THE NORTHWEST LINE OF SAID FLORIDA POWER TRACT, N 34°10'04” E FOR A DISTANCE OF 894.58 FEET TO ITS INTERSECTION WITH THE NORTHEAST LINE OF THE PROPOSED RIGHT OF WAY EXTENSION OF MARSHA DRIVE (60 FOOT), SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PERMANENT SURFACE FACILITY EASEMENT; THENCE ALONG SAID PROPOSED NORTHEAST RIGHT OF WAY LINE, N 46°15'02” W FOR A DISTANCE OF 138.94 FEET TO ITS INTERSECTION WITH THE GRANTOR'S NORTHWEST PROPERTY LINE AND THE SOUTHEAST RIGHT OF WAY LINE OF STARKEY BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 5486, PAGE 1757, IN THE PUBLIC RECORDS OF PASCO COUNTY, FLORIDA; THENCE ALONG THE GRANTOR'S NORTHWEST PROPERTY LINE AND SAID SOUTHEAST RIGHT OF WAY LINE, N 43°47'37” E FOR A DISTANCE OF 44.99 FEET TO A 4” X 4” CONCRETE MONUMENT WITH PK NAIL AND DISK (LS3681) FOUND FOR THE GRANTOR'S PROPERTY CORNER AND A RIGHT OF WAY MONUMENT; THENCE CONTINUING ALONG THE GRANTOR'S NORTHWEST PROPERTY LINE AND SAID SOUTHEAST RIGHT OF WAY LINE, N 70°18'52” E FOR A DISTANCE OF 45.00 FEET; THENCE S 55°50'12” E FOR A DISTANCE OF 102.94 FEET TO THE GRANTOR'S SOUTHEAST PROPERTY LINE AND THE NORTHWEST LINE OF THE AFOREMENTIONED FLORIDA POWER TRACT; THENCE ALONG THE GRANTOR'S SOUTHEAST PROPERTY LINE AND THE NORTHWEST LINE OF SAID FLORIDA POWER TRACT, S 34°10'04” W FOR A DISTANCE OF 103.83 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINS 11,717 SQUARE FEET OR 0.27 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
TOGETHER WITH:
TEMPORARY CONSTRUCTION EASEMENT 1
A FIFTEEN (15) FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ADJOINING AND PARALLEL WITH THE SOUTHWEST LINE OF THE ABOVE DESCRIBED PERMANENT SURFACE FACILITY EASEMENT.
THE SIDE LINES OF SAID FIFTEEN (15) FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ARE TO BE EXTENDED OR SHORTENED TO TERMINATE AT THE GRANTOR'S PROPERTY LINES.
CONTAINS 2,103 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.
TOGETHER WITH:
TEMPORARY CONSTRUCTION EASEMENT 2
A FIFTEEN (15) FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ADJOINING AND PARALLEL WITH THE NORTHEAST LINE OF THE ABOVE DESCRIBED PERMANENT SURFACE FACILITY EASEMENT.
THE SIDE LINES OF SAID FIFTEEN (15) FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ARE TO BE EXTENDED OR SHORTENED TO TERMINATE AT THE GRANTOR'S PROPERTY LINES.
CONTAINS 1,462 SQUARE FEET OR 0.03 ACRES, MORE OR LESS.
ALL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTICE IS HEREBY GIVEN TO THE DEFENDANTS NAMED IN THE ATTACHED PARTY LIST AND TO ALL WHOM IT MAY CONCERN, INCLUDING ALL PARTIES CLAIMING ANY INTEREST BY, THROUGH, UNDER OR AGAINST THE NAMED DEFENDANTS; AND TO ALL HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED IN the Petition, that Petitioner has filed a Petition in Eminent Domain and Declaration of Taking to acquire certain property interests in Pasco County, Florida as described in the Petition. Each Defendant and any other person claiming any interest in, or having a lien upon, such property is required to serve a copy of written answer and defenses to the Petition upon PRINEET D. SHARMA, of the law firm of Harris Harris Bauerle Sharma, 1201 E. Robinson Street, Orlando, FL 32801, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, on or before June 25, 2012 showing what right, title, interest, or lien the defendant has in or to the property described in the Petition and to show cause why that property should not be taken for the uses and purposes set forth in the Petition. If any Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Petition.
PLEASE TAKE FURTHER NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Petitioner, and any other order the Court deems proper before the Honorable Lowell W. Bray, Jr., Circuit Judge, on the 20th day of July, 2012, at 10:00 A.M., of the of the West Pasco Judicial Center, 7530 Little Road, Room 120, New Port Richey, Florida 34654. All Defendants in this action may request a hearing and be heard at the time and place designated. Any Defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
Dated this 11th day of May, 2012.
AMERICANS WITH DISABILITIES ACT ASSISTANCE: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING YOU, ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT MIAMI-DADE COUNTY ADA COORDINATOR, 305-349-7175, AT LEAST SEVEN (7) WORKING DAYS PRIOR TO YOUR COURT APPEARANCE; IF YOU ARE HEARING IMPAIRED OR VOICE IMPAIRED, CALL TDD 305-349-7355.
PAULA S. O'NEILL, Ph. D,
Clerk of the Circuit Court
By: LeAnn A. Jones
Deputy Clerk
May 25; June 1, 2012 12-1692P