-
-
Loading
Loading
FIRST INSERTION
NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
CASE NO:512013CA3664-ES
PARCELS: 101 & 131
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION,
Petitioner, -vs-
FOUR STAR FUEL, INC., A
FLORIDA CORPORATION; WELLS FARGO BANK, N.A.; U.S. BANCORP; BANK OF THE WEST; AMERICAN EQUIPMENT FINANCE, L.L.C., A FLORIDA LIMITED LIABILITY COMPANY; BOARD OF COUNTY
COMMISIONERS, PASCO COUNTY; CBS OUTDOOR, INC., A FOREIGN CORPORATION; BILLY LAWSON TIRES AND MIKE OLSON, PASCO COUNTY TAX COLLECTOR,
Defendants.
STATE OF FLORIDA TO:
Four Star Fuel, Inc., a Florida corporation
Serve: S. Cary Gaylord, Esq., as attorney
Gaylord Merlin Ludovici & Diaz
5001 W. Cypress St.
Tampa, FL 33607
Wells Fargo Bank, N.A., as successor by merger with Wachovia Bank, N.A.
Serve: Corporation Service Company, as Registered Agent
1201 Hays Street
Tallahassee, FL 32301-2525
US Bancorp
Serve: Richard K. Davis, as President and CEO
800 Nicollet Mall
Minneapolis, MN 55402-7000
Bank of the West
Serve: Michael Shepherd, as Chairman and CEO
180 Montgomery St.
San Francisco, CA 94104
American Equipment Finance, L.L.C., a Florida limited liability company
Serve: Robert S. Lechter, as registered agent
4651 Sheridan Street, Suite 335
Hollywood, FL 33021
Board of County Commissioners, Pasco County
Ted Shrader, Chairman
Serve: Jack Gutman, Esq., Senior Assistant County Attorney
8431 Citizens Drive, Suite 340
New Port Richey, FL 34654
CBS Outdoor, Inc., a foreign corporation
Serve: Charles R. Forman, Esq., as attorney
723 E. Ft. King St.
Ocala, FL 34471
Billy Lawson Tires
Serve: Billy Lawson
29602 State Road
San Antonio, FL 33576
Pasco County Tax Collector
Serve: Mike Olson or his designee
E. 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 2587362 STATE ROAD 93 PASCO COUNTY DESCRIPTION
PARCEL 101
FEE SIMPLE RIGHT OF WAY
All that part of the Northeast 1/4 and the Southeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, described in Official Record Book 1395, Page 815, of the Public Records of Pasco County, Florida, and being more particularly described as follows:
“Commence at the East 1/4 corner on the East line of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, run thence North 02°21'00” East, 405.85 feet to the centerline of State Road 52, thence South 84°26'14” West 2056.70 feet; thence South 05°33'46” East, 50.0 feet to a point on the South right-of-way line of State Road No. 52 for a Point of Beginning. THENCE continue South 05°33'46” East a distance of 462.42 feet; thence South 84°26'14” West a distance of 527.84 feet; thence North 05°33'46” West a distance of 462.42 feet to a point on the South right-of-way line of State Road No. 52; thence North 84°26'14” East along the South right-of-way line of State Road No. 52 a distance of 527.84 feet to the Point of Beginning.”
LESS:
That portion described in Official Record Book 1856, Page 1995, of the Public Records of Pasco County, Florida more particularly described as follows:
“Commence at the East 1/4 corner on the East line of Section 8, Township 25 South, Range 20 East, Pasco County, Florida; run thence N 02°21'00” E, 405.85 feet to the centerline of State Road 52; thence S 84°26'14” W, 2056.70 feet; thence S 05°33'46” E, 50.0 feet to a point on the South right-of-way line of State Road No. 52 for a Point of Beginning. Thence continue S 05°33'46” E a distance of 462.42 feet; thence S 84°26'14” W a distance of 263.92 feet; thence N 05°33'46” W a distance of 462.42 feet to a point on the South right-of-way line of State Road No. 52; thence N 84°26'14” E, along the South right-of-way line of State Road No. 52 a distance of 263.92 feet to the Point of Beginning.”
Containing 2.801 acres, more or less.
WPIS 2587362 STATE ROAD 93 PASCO COUNTY DESCRIPTION
PARCEL 131
Part “A”
Fee Simple Limited Access Right of Way
That part of the Northeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, lying west of State Road 93 (I-75) and south of State Road 52, being part of the property described in Official Record Book 6399, Page 295, Public Records of Pasco County, Florida, and being more particularly described as follows:
Commence at the southwest corner of the Northeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida; thence along the west line of the Northeast 1/4 of said Section 8, N 02°07'32” E, 89.34 feet to the existing south maintained Right of Way line of State Road 52 per Florida State Project Number 14120-XXXX dated 02/04; thence along said existing south maintained Right of Way line N 84°19'09” E, 1.38 feet to the west line of Tract “D”, TAMPA BAY GOLF AND TENNIS CLUB-PHASE I, as recorded in Plat Book 31, Pages 135-140 of the Public Records of Pasco County, Florida; thence along the west and north line of said Tract “D” the following two (2) courses: (1) N 02°16'14” E, 0.70 feet to the northwest corner of said Tract “D”; (2) N 84°18'55” E, 97.79 feet to the northeast corner of said Tract “D”; thence N 84°39'52” E along the existing south Right of Way line of State Road 52 as referenced in Official Record Book 1395, Page 815 of the Public Records of Pasco County, Florida, 263.74 feet to the northeast corner of the land described and recorded in Official Record Book 7034, Page 480 of the Public Records of Pasco County, Florida and the POINT OF BEGINNING; thence continue along said existing south Right of Way line, N 84°04'16” E, 264.46 feet as referenced in Official Record Book 3934, Page 1450 of the Public Records of Pasco County, Florida, to the northwest corner of the land described and recorded in Official Record Book 6631, Page 1559 of the Public Records of Pasco County, Florida; thence S 05°40'24” E along the west line of said land described in said Official Record Book 6631, Page 1559, 94.50 feet; thence S 84°21'58” W, 264.44 feet to a point on the east line of said land described in said Official Record Book 7034, Page 480; thence N 05°41'05” W along said east line, 93.14 feet to the POINT OF BEGINNING.
Containing 0.570 acres, more or less.
Together with all rights of ingress, egress, light, air and view between the grantor's remaining property and any facility constructed on the above described property.
AND
Part “B”
Fee Simple Right of Way
Part of the Northeast 1/4 and the Southeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, lying west of State Road 93 (I-75) and south of State Road 52, being a part of the property described in Official Record Book 6399, Page 295, Public Records of Pasco County, Florida, and being described as follows:
Commence at the East 1/4 corner of Section 8, Township 25 South, Range 20 East, Pasco County, Florida; thence N89°56'13”W along the north line of the Southeast 1/4 of said Section 8 a distance of 2010.81 feet to a point on the east line of “Parcel 1” as described in Official Record Book 6399, Page 295, Public Records of Pasco County, Florida, said point also being the POINT OF BEGINNING; thence, leaving said north line, S05°40'24”E, 309.32 feet to the southeast corner of said “Parcel 1”; thence N84°26'00”E along the north line of “Parcel 2” as described in said Official Record Book 6399, Page 295, a distance of 376.60 feet to a point on the west existing Limited Access Right of Way Line of State Road 93 (Interstate 75) as depicted on the Florida State Road Department Right of Way Map Section 14140-2401, said point also being the northeast corner of said “Parcel 2”; thence along said west existing Limited Access Right of Way line and the east line of said “Parcel 2” S05°43'36”E, 286.41 feet; thence, leaving said west existing Limited Access Right of Way Line and said east line of “Parcel 2”, S76°06'31”W, 256.92 feet; thence N53°23'26”W, 87.06 feet; thence N02°53'24”W, 124.93 feet; thence N22°25'58”W, 73.92 feet; thence N47°38'56”W, 99.63 feet; thence N79°09'56”W, 47.78 feet; thence S82°08'12”W, 195.00 feet to a point on the west line of said “Parcel 1”; thence along the west line of said “Parcel 1” N05°41'05”W, 357.60 feet; thence, leaving said west line, N84°21'58”E, 264.44 feet to a point on the east line of said “Parcel 1”; thence S05°40'24”E along said east line 58.60 feet to said POINT OF BEGINNING.
Containing 4.446 acres, more or less.
Parts “A” and “B” together containing 5.016 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 Hillsborough. You are further notified that the Petitioner will apply to the Honorable Linda H. Babb, one of the Judges of this Court on the 29th day of July, 2013, at 1:00 p.m., at the Robert D. Sumner Judicial Center, 38053 Live Oak Avenue, Dade City, Florida, for an Order of Taking in this cause. 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 Michael R. Hope
(813) 975-6099
Florida Bar No.: 975427
[email protected]
[email protected]
on or before July 28, 2013, 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 IN ORDER TO PARTICIPATE IN A PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT: PUBLIC INFORMATION DEPT., PASCO COUNTY GOVERNMENT CENTER, 7530 LITTLE RD., NEW PORT RICHEY, FL 34654, PHONE 727.847.8110 (VOICE) IN NEW PORT RICHEY 352.521.4274, EXT 8110 (VOICE) IN DADE CITY OR 711 FOR THE HEARING IMPAIRED CONTACT SHOULD BE INITIATED AT LEAST SEVEN DAYS BEFORE SCHEDULED COURT APPEARANCE, OR IMMEDIATELY UPON RECEIVING THIS NOTIFICATION IF THE TIME BEFORE THE SCHEDULED APPEARANCE IS LESS THAN SEVEN DAYS.”
WITNESS MY HAND AND SEAL of said Court on the 25 day of JUN, 2013.
Paula S. O'Neil, Ph.D.,
Clerk & Comptroller
CLERK OF THE CIRCUIT COURT
BY: Lisa Kay Freeman
Deputy Clerk
State of Florida,
Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
c/o Michael R. Hope
(813) 975-6099
Florida Bar No.: 975427
[email protected]
[email protected]
July 5, 12, 2013 13-02673P