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FIRST INSERTION
AMENDED SUMMONS TO SHOW CAUSE, NOTICE OF EMINENT
DOMAIN PROCEEDINGS AND NOTICE OF HEARING
FOR PUBLICATION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
CASE NO. 14-1618-CA
Parcels: MWP2-119-T,
MWP2-124-T, MWP2-199-T, MWP2-237-T, MWP2-252-T, MWP2-290-T, MWP2-237
CHARLOTTE COUNTY, a Political Subdivision
of the State of Florida,
Petitioner, vs.
BUILDERS OF HOPE, INC., a North Carolina corporation, et al.,
Defendants.
STATE OF FLORIDA:
TO ALL AND SINGULAR THE SHERIFFS OF THE STATE OF FLORIDA:
YOU ARE COMMANDED to serve this Summons to Show Cause, Notice of Eminent Domain Proceedings and Notice of Hearing, and copies of the Petition in Eminent Domain, Notice of Lis Pendens, Declaration of Taking, Notice of Publication, Notice of Filing Affidavit, together with Affidavit Supporting Constructive Service of Process, Notice of Filing Resolutions, and Motion and Order Regulating Service of Pleadings and Papers on all the non-resident Defendant(s):
MWP2-119-T
Secretary of Housing and Urban
Development
c/o US Attorney's Office
2110 First Street, Suite 3-137
Ft. Myers, FL 32902
The Associate General Counsel for Litigation
Office of Litigation - Room 10258
U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410
Attorney General of the United States
Us Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
MWP2-124-T
Builders of Hope, Inc., a North
Carolina corporation
c/o James Caramello, Registered Agent
6100 Haines Road
St. Petersburg, FL 33714
MWP2-199-T
Rochelle Bray
1646 Blaser Street
Port Charlotte, FL 33980
MWP2-237 & MWP2-237-T
Richard Schwebel
Gail Schwebel
361 Wherley Avenue SE
Port Charlotte, FL 33952
MWP2-252-T
Daniel L. Smith
Jennifer H. Smith
3488 CR 29
Galion, OH 44833
MWP2-290-T
Wells Fargo Bank, N.A.
c/o Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301-2525
NOTICE IS HEREBY GIVEN TO THE ABOVE NAMED DEFENDANT(S) AND TO ALL WHOM IT MAY CONCERN, INCLUDING ALL PARTIES CLAIMING ANY INTEREST BY, THROUGH, UNDER, OR AGAINST THE NAMED DEFENDANT(S); AND TO ALL HAVING OR CLAMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED IN EXHBIT “A” ATTACHED HERETO; that a Petition in Eminent Domain and Declaration of Taking have been filed to acquire certain property interests in Charlotte County, Florida as described in the Petition.
EXHIBIT “A”
Midway Boulevard Phase II
Parcel MWP2-119-T
A 20' wide strip of land for temporary construction easement purposes lying in Section 14, Township 40 South, Range 22 East; being part of the Port Charlotte Subdivision-Section 33 as recorded in Plat Book 5, Pages 35A-35F of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
The North Twenty (20) Feet of Lot 25, Block 2760 of said Port Charlotte Subdivision-Section 33.
Contains 1500 square feet, more or less.
Property Account No(s): 402214153008
Owned by: Secretary of Housing and Urban Development
Pursuant to: Special Warranty Deed
Recorded at OR Book 3856, Page 706 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-124-T
A 20' wide strip of land for temporary construction easement purposes lying in Section 14, Township 40 South, Range 22 East; being part of the Port Charlotte Subdivision-Section 33 as recorded in Plat Book 5, Pages 35A-35F of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
The North Twenty (20) Feet of Lot 20, Block 2760 of said Port Charlotte Subdivision-Section 33,
Contains 1500 square feet, more or less.
Property Account No(s): 402214176001
Owned by: Builders of Hope, Inc.
Pursuant to: QuitClaim Deed
Recorded at OR Book 3853, Page 1186 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-199-T
A 20' wide strip of land for temporary construction easement purposes lying in Section 13, Township 40 South, Range 22 East; being part of the Port Charlotte Subdivision-Section 20 as recorded in Plat Book 5, Pages 10A-10F of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
The South Twenty (20) Feet of Lot 10, Block 2232 of said Port Charlotte Subdivision-Section 20.
Contains 2366 square feet, more or less.
Property Account No(s): 402213231010
Owned by: Rochelle Bray
Pursuant to: Special Warranty Deed and Supporting Affidavit of Power of Attorney
Recorded at OR Book 3857, Page 340 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-237-T
A parcel of land for temporary construction easement purposes lying in Section 13, Township 40 South, Range 22 East; being part of the Port Charlotte Subdivision-Section 20 as recorded in Plat Book 5, Pages 10A-10F of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
Beginning at the Southeast Corner of Lot 14, Block 2314 of said Port Charlotte Subdivision-Section 20, thence along the east property line of said Lot 14, N 05°50'11” E, a distance of 20.11 feet: thence leaving said east property line, S 89°53'48” W, a distance of 89.00 feet; thence N 47°51'16” W, a distance of 20.45 feet; thence N 05°50'11” E, a distance of 17.00 feet; thence N 84°09'49” W, a distance of 20.00 feet to the east property line of said Lot 14, also being the East Right of Way Line of Beacon Drive (70' wide right of way); thence along said east property line, S 05°50'11” W, a distance of 25.27 feet to a point of curvature to the left having a radius of 25.00 feet, thence along the arc of said curve a distance of 41.86 feet, through a central angle of 95°56'23”, (a chord bearing S 42°08'00” E), (a chord distance of 37.14 feet), to the south property line of said Lot 14, also being the North Right of Way Line of Midway Boulevard (100' wide right of way), thence along said south property line, N 89°53'48” E, a distance of 97.94 feet to the Point of Beginning.
Contains 3094 square feet, more or less.
Property Account No(s): 402213107014
Owned by: Richard Schwebel and Gail Schwebel
Pursuant to: Special Warranty Deed
Recorded at OR Book 3861, Page 547 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-237
A tract or parcel of land situated in Section 13, Township 40 South, Range 22 East, Charlotte County, Florida, being further bounded and described as follows:
Commence at the Southeast corner of Lot 14, Block 2314, Port Charlotte Subdivision Section 20, as recorded in Plat Book 5, Pages 10A through 10F, of the Public Records of Charlotte County, Florida; thence along the South line of said Lot 14 S.89°53'48”W., for 90.32 feet to the point of beginning of the herein described parcel;
Thence along the South and West lines of said lot 14 the following three courses:
1. Thence continue S.89°53'48”W., for 7.65 feet to a point of curvature:
2. Thence Northwesterly 41.86 feet along the arc of a tangential curve to the right having a radius of 25.00 feet through a central angle of 95°56'23” and being subtended by a chord which bears N.42°08'01”W. for 37.14 feet;
3. Thence N.05°50'11”E., for 7.65 feet;
Thence S.42°08'00”E., for 47.39 feet to the Point of Beginning of the parcel described herein.
Containing 453 square feet, more or less.
Property Account No(s): 402213107014
Owned by: Richard Schwebel and Gail Schwebel
Pursuant to: Special Warranty Deed
Recorded at OR Book 3861, Page 547 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-252-T
A Twenty (20) foot wide strip of land for temporary construction easement purposes lying in Section 14, Township 40 South, Range 22 East; being part of the Replat of Portions of Port Charlotte Subdivision-Section 51 as recorded in Plat Book 7, Pages 29A-29C of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
The South Twenty (20) feet of Lot 28, Block 3256 of said Port Charlotte Subdivision-Section 51.
Contains 1500 square feet, more or less.
Property Account No(s): 402214206019
Owned by: Daniel L. Smith and Jennifer H. Smith
Pursuant to: Special Warranty Deed
Recorded at OR Book 3856, Page 201 in the Public Records in and for Charlotte County, Florida.
Parcel MWP2-290-T
A parcel of land for temporary construction easement purposes lying in Section 15, Township 40 South, Range 22 East; being part of the Port Charlotte Subdivision-Section 28 as recorded in Plat Book 5, Pages 21A-21B of the Public Records of Charlotte County, Florida; and being more particularly described as follows:
Beginning at the Southwest Corner of Lot 11, Block 1402 of said Port Charlotte Subdivision-Section 28, thence along the south property line of said Lot 11, also being the North Right of Way Line of Midway Boulevard (100' wide right of way), S 89°50'39” E, a distance of 123.56 feet to a point of curvature to the right having a radius of 25.00 feet, thence along the arc of said curve a distance of 39.335 feet, through a central angle of 90°08'58”, (a chord bearing N 45°04'52” E), (a chord distance of 35.40 feet), to the east property line of said Lot 11, also being the West Right of Way Line of Birchcrest Boulevard (75' wide right of way); thence along said east property line of Lot 11, N 00°00'23” E, a distance of 22.00 feet; thence leaving said east property line, N 89°59'37” W, a distance of 25.00 feet; thence S 00°12'41” W, a distance of 7.00 feet; thence N 89°50'39” W, a distance of 21.50 feet; thence S 00°09'21” W, a distance of 30.00 feet; thence N 89°50'39” W, a distance of 102.00 feet to the west property line of said Lot 11; thence S 00°09'21” W, a distance of 10.00 feet to the Point of Beginning.
Contains 2924 square feet, more or less.
Property Account No(s): 402215232019
Owned by: Wells Fargo Bank
Pursuant to: QuitClaim Deed
Recorded at OR Book 3708, Page 1289 in the Public Records in and for Charlotte County, Florida.
Each Defendant and any other person claiming any interest in, or having a lien upon the property described in the Petition is required to serve a copy of their written defenses to the Petition on Charlotte County's attorney, whose name and address is shown below and to file the original of the defenses with the Clerk of this Court, on or before October 24, 2014, 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 NOTICE that a Declaration of Taking has been filed in this cause and that Charlotte County will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Charlotte County, and any other order the Court deems proper before the Judge Joseph G. Foster, on November 3, 2014 at 1:30 p.m. at the Charlotte County Justice Center, 350 East Marion Avenue, Punta Gorda, Florida 33950. All Defendants in this action 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.
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 Jon Embury, Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL this 8th day of August, 2014.
BARBARA T. SCOTT
CLERK OF CIRCUIT COURT
(SEAL) By: Lisa A.
Deputy Clerk
Joshua B. Moye, Esquire
Charlotte County Attorney's Office
18500 Murdock Circle, Suite 573
Port Charlotte, Florida 33948-1094
(941) 743-1330
Florida Bar # 31391
[email protected]
Attorney for Petitioner, Charlotte County Board of County Commissioners
August 15, 22, 2014 14-00817T