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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: 512013CA1880-ES
PARCELS: 107/700
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION,
Petitioner, -vs-
SHI HOLDINGS, LLC, AN
INACTIVE GEORGIA LIMITED LIABILITY COMPANY; VIRGINIA KHAN, N/K/A VIRGINIA A.
HAMMOND; NABIL A.
MUHANNA; MILLENNIUM
PARTNERS, LLC, A GEORGIA LIMITED LIABILITY COMPANY; KINGSLEY ASSET
MANAGEMENT, LLC; CBS
OUTDOOR, INC., AND MIKE OLSON, PASCO COUNTY TAX COLLECTOR,
Defendants.
STATE OF FLORIDA TO:
SHI HOLDING, LLC a Georgia limited liability company
Serve: M. Shi Shailendra, as Registered Agent
1720 Peachtree St., Suite 150
Atlanta, GA 30309
VIRGINIA KHAN, n/k/a VIRGINIA A. HAMMOND
Serve: Howard Slomka, Esq.
Slomka Law Firm
1069 Spring Street NW, 2nd Floor
Atlanta, GA 30309
MILLENNIUM PARTNERS, LLC, a Georgia limited liability company
Serve: Gregory D. Hightower, Manager
2625 Cumberland Parkway, Suite 290
Atlanta, GA 30339
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 107
Part “A”
Fee Simple Right of Way
That part of the Northeast 1/4 and the Southeast 1/4 of Section 20, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the East 1/4 corner of Section 20, Township 25 South, Range 20 East; thence S 89°55'22” W, along the south line of said Northeast 1/4, for 1244.98 feet to a point on the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Right of Way Map for Florida State Road Department Section No. 14140-2401, said point lying on a curve concave to the west having a radius of 11609.16 feet and being the POINT OF BEGINNING; thence 695.46 feet, along said existing east Limited Access Right of Way line and along the arc of said curve through a central angle of 03°25'57”, a chord bearing and distance of N 04°01'55” E, 695.36 feet; thence leaving said existing Limited Access Right of Way line S 87°41'03” E, 377.59 feet; thence S 07°59'54” W, 1236.12 feet; thence S 50°16'57” W, 43.34 feet; thence S 21°06'15” W, 111.18 feet; thence S 36°50'41” E, 151.97 feet; thence S 08°31'23” E, 323.07 feet; thence S 38°02'01” E, 66.31 feet; thence S 77°32'45” E, 97.41 feet; thence S 03°51'34” W, 44.42 feet; thence S 34°10'19” W, 111.98 feet; thence S 89°52'27” W, 595.83 feet to a point on the aforementioned existing east Limited Access Right of Way line of State Road No. 93 (I-75); thence continuing along the existing east Limited Access Right of way line the following two (2) courses: (1) N 10°30'29” E, 381.70 feet to the point of curvature of a curve concave to the west having a radius of 11609.16 feet; (2) thence 964.42 feet along the arc of said curve through a central angle of 04°45'35”, a chord bearing and distance of N 08°07'41” E, 964.15 feet to the POINT OF BEGINNING
Containing 17.415 acres, more or less.
AND
Part “B”
Fee Simple Right of Way
That part of the Northeast 1/4 of Section 20, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the Northeast corner of said Section 20, Township 25 South, Range 20 East; thence S 89°37'50” W along the north line of the Northeast 1/4 a distance of 1254.50 feet to the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Florida State Road Department Right of Way Map Section No. 14140-2401; thence along said existing east Limited Access Right of Way line the following two (2) courses: (1) S 04°27'54” E, 615.11 feet to the point of curvature of a curve concave to the west having a radius of 11609.16 feet; (2) thence 20.71 feet along the arc of said curve through a central angle of 00°06'08”, a chord bearing and distance of S 04°24'50” E, 20.71 feet to the POINT OF BEGINNING; thence leaving said existing east Limited Access Right of Way line S 64°01'26” E, 63.26 feet; thence S 09°01'30” E, 37.01 feet; thence S 51°01'54” W, 38.33 feet to the beginning of a curve concave to the east having a radius of 15.00 feet; thence 23.07 feet along the arc of said curve through a central angle of 88°08'23”, a chord bearing and distance of S 06°57'42” W, 20.87 feet; thence S 37°06'30” E, 422.56 feet; thence S 74°47'54” E, 190.20 feet; thence S 00°34'55” E, 97.40 feet; thence S 25°08'46” W, 124.22 feet; thence S 56°03'43” W, 462.47 feet to a point on the aforementioned existing east Limited Access Right of Way line of State Road No. 93 (I-75); said point being a point on a curve concave to the west having a radius of 11609.16 feet; thence 964.82 feet along the arc of said curve through a central angle of 04°45'42”, a chord bearing and distance of N 01°58'55” W, 964.54 feet to the POINT OF BEGINNING.
Containing 4.773 acres, more or less.
AND
Part “C”
Fee Simple Right of Way
That part of the Northeast 1/4 and the Southeast 1/4 of Section 17, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the Southeast corner of the Southeast 1/4 of Section 17, Township 25 South, Range 20 East; thence S 89°37'50” W, along the south line of said Southeast 1/4, a distance of 1254.50 feet to the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Florida State Road Department Right of Way Map Section No. 14140-2401; thence along said existing east Limited Access Right of Way line, N 04°27'54” W, 1778.72 feet to the POINT OF BEGINNING; thence continuing along said existing east Limited Access Right of Way line for the following two (2) courses: (1) N 04°27'54” W, 555.28 feet to the beginning of a curve concave to the east and having a radius of 11309.16 feet; (2) thence along the arc of said curve, 1108.38 feet through a central angle of 05°36'55” and having a chord bearing and distance of N 01°39'26” W, 1107.93 feet; thence leaving said existing east Limited Access Right of way line, N 84°51'21” E, 87.37 feet; thence N 64°31'22” E, 44.34 feet; thence N 26°21'37” E, 69.48 feet; thence N 17°34'15” E, 134.55 feet; thence N 47°00'11” E, 127.29 feet; thence S 15°59'17” E, 58.81 feet; thence S 02°47'02” W, 121.11 feet; thence S 13°44'33” E, 67.76 feet; thence S 88°25'14” E, 26.18 feet; thence N 20°04'21” E, 157.32 feet; thence S 87°42'59” E, 58.20 feet to the beginning of a curve concave to the east having a radius of 10859.16 feet; thence along the arc of said curve, 1279.05 feet through a central angle of 06°44'55” and having a chord bearing and distance of S 01°05'26” E, 1278.31 feet; thence S 04°27'54” E, 555.28 feet; thence S 85°32'06” W, 450.00 feet to the aforesaid existing east Limited Access Right of Way line and the POINT OF BEGINNING.
Containing 18.345 acres, more or less.
AND
Part “D”
Fee Simple Right of Way
That part of the Southeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the Southeast corner of Section 8, Township 25 South, Range 20 East; thence along the south line of the Southeast 1/4 of said Section 8, N 89°56'43” W, 1311.87 feet to the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Florida State Road Department Right of Way Map Section No. 14140-2401; thence along said existing east Limited Access Right of Way line, N 03°54'34” E, 531.43 feet; thence leaving said existing east Limited Access Right of Way line, N 07°54'34” E, 888.14 feet to the POINT OF BEGINNING; thence continue N 07°54'34” E, 530.36 feet; thence S 87°53'16” E, 77.79 feet; thence N 66°53'12” E, 49.74 feet; thence S 87°46'44” E, 659.32 feet; thence N 52°25'27” E, 73.35 feet; thence N 09°18'32” W, 25.06 feet to a point on a southerly line of a Southwest Florida Water Management District Conservation Easement as recorded in Official Record Book 3793, Page 1751, Public Records of Pasco County, Florida; thence along said southerly Conservation Easement line the following two (2) courses: 1) N 52°23'31” E, 8.02 feet to the point of curvature of a curve concave southerly having a radius of 38.00 feet; 2) thence northeasterly along the arc of said curve 45.95 feet through a central angle of 69°16'46”, with a chord bearing and distance of N 87°01'54” E, 43.20 feet; thence, leaving said southerly Conservation Easement line, S 09°18'32” E, 296.19 feet; thence S 15°49'42” E, 391.67 feet; thence N 86°05'26” W, 1116.20 feet to the POINT OF BEGINNING.
Containing 13.020 acres, more or less.
AND
Part “E”
Fee Simple Limited Access Right of Way
That part of the Southeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the Southeast corner of Section 8, Township 25 South, Range 20 East; thence along the south line of the Southeast 1/4 of said Section 8, N 89°56'43” W, 1311.87 feet to the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Florida State Road Department Right of Way Map Section No. 14140-2401; thence along said existing east Limited Access Right of Way line, N 03°54'34” E, 531.43 feet to the POINT OF BEGINNING; thence continue along said existing east Limited Access Right of Way line, the following two (2) courses: 1) N 03°54'34” E, 1483.41 feet; 2) N 11°53'28” E, 284.00 feet to the southwest corner of the lands described in Official Record Book 3387, Page 1182 of the Public Records of Pasco County, Florida; thence, along the south line of said lands described in said Official Records Book 3387, Page 1182, N 84°23'42” E, 86.14 feet; thence S 07°54'34” W, 1783.25 feet to the aforesaid existing east Limited Access Right of Way line of State Road 93 (I-75) and the POINT OF BEGINNING.
Containing 2.386 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 “F”
Fee Simple Right of Way
That part of the Northeast 1/4 of Section 8 and the Northwest 1/4 of Section 9 all within Township 25 South, Range 20 East, Pasco County, Florida, lying south of State Road 52 and being more particularly described as follows:
Commence at the Center of Section 9, Township 25 South, Range 20 East; thence along the east line of the Northwest 1/4, N 01°42'22” E, 169.30 feet to the intersection with the southerly existing maintained right of way line of State Road 52 as located and depicted upon the State of Florida Department of Transportation Maintenance Map for State Road No. 52, Project No. 14120-XXXX, W.P.I./ Segment 254528-1; thence along said existing southerly right of way line, N 82°06'16” W, 93.17 feet to the intersection with the westerly maintained right of way line of McKendree Road as depicted upon Pasco County Project No. X8864.00 dated November 02, 2006, said intersection being the POINT OF BEGINNING; thence continuing along the aforesaid existing southerly maintained right of way line of State Road 52, the following seven (7) courses: 1) N 82°06'16” W, 1082.23 feet to the beginning of a curve concave to the south and having a radius of 5585.65 feet; 2) thence, along the arc of said curve, 1303.16 feet through a central angle of 13°22'03”, a chord bearing and distance of N 88°47'18” W, 1300.21 feet; 3) S 84°31'41” W, 58.09 feet; 4) N 05°28'19” W, 2.36 feet; 5) S 84°26'01” W, 101.02 feet to the intersection with the east line of the Northeast 1/4 of Section 8, Township 25 South, Range 20 East; 6) thence, along the east line of said Northeast 1/4, N 02°18'00” E, 0.34 feet; 7) thence leaving said east line, S 84°15'19” W, 49.98 feet to the northeast corner of the lands described in Official Record Book 3387, Page 1182 of the Public Records of Pasco County, Florida; thence, along the east line of said lands, S 02°20'39” W, 75.78 feet to the beginning of a curve concave to the south and having a radius of 10056.00 feet; thence along the arc of said curve 35.69 feet through a central angle of 00°12'12”, a chord bearing and distance of N 84°29'30” E, 35.69 feet; thence, N 84°23'30” E, 175.50 feet to the beginning of a curve concave to the south and having a radius of 5485.00 feet; thence, along the arc of said curve, 1294.33 feet through a central angle of 13°31'13” and having a chord bearing and distance of S 88°50'53” E, 1291.33 feet; thence, S 82°05'17” E, 1091.94 feet to the aforementioned existing westerly maintained right of way line of McKendree Road; thence, along said existing westerly maintained right of way line, N 00°23'44” E, 72.91 feet to the POINT OF BEGINNING.
Containing 4.306 acres, more or less.
Total area of Parts “A”,”B”,”C”,”D”,”E” and “F” combined contains 60.245 acres, more or less.
WPIS 2587362 STATE ROAD 93 PASCO COUNTY DESCRIPTION
PARCEL 700
Temporary Construction Easement
Part “A”
That part of the Southeast 1/4 of Section 8, Township 25 South, Range 20 East, Pasco County, Florida, lying east of State Road 93 (I-75) and being more particularly described as follows:
Commence at the Southeast corner of Section 8, Township 25 South, Range 20 East; thence along the south line of the Southeast 1/4 of said Section 8, N 89°56'43” W, 1311.87 feet to the existing east Limited Access Right of Way line of State Road No. 93 (I-75) as depicted on the Florida State Road Department Right of Way Map Section No. 14140-2401; thence along said existing east Limited Access Right of Way line, N 03°54'34” E, 531.43 feet; thence leaving said existing east Limited Access Right of Way line, N 07°54'34” E, 838.02 feet to the POINT OF BEGINNING; thence continue N 07°54'34” E, 50.12 feet; thence S 86°05'26” E, 158.05 feet; thence S 03°54'34” W, 50.00 feet; thence N 86°05'26” W, 161.54 feet to the POINT OF BEGINNING.
Containing 7990 square feet, more or less.
A Temporary Construction Easement for the purpose of constructing and harmonizing the adjacent access-drive. This easement shall expire upon completion of this transportation project, but not later than February 1, 2018.
AND
Part “B”
That part of the Northwest 1/4 of Section 9, Township 25 South, Range 20 East, Pasco County, Florida, lying south of State Road 52 and being more particularly described as follows:
Commence at the southwest corner of the northwest 1/4 of Section 9, Township 25 South, Range 20 East, Pasco County, Florida; thence along the west line of the Northwest 1/4 of said Section 9, N 02°18'00” E, 279.58 feet; thence N 84°23'30” E, 14.45 feet to the POINT OF BEGINNING; thence continue, N 84°23'30” E, 22.00 feet; thence S 05°38'02” E, 15.00 feet; thence S 84°23'30” W, 22.00 feet; thence N 05°38'02” W, 15.00 feet to the POINT OF BEGINNING.
Containing 330 square feet, more or less.
A Temporary Construction Easement for the purpose of re-establishing a driveway. This easement shall expire upon completion of this transportation project, but not later than February 1, 2018.
Parts “A” and “B” together contain 8320 square feet, 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 19th day of June, 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 June 18, 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.Dated this 11 day of April, 2013.
“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 APR, 2013.
Paula S. O'Neil, Ph.D.,
Clerk & Comptroller
BY: Rosa Alvarez
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]
May 3, 10, 2013 13-01887P