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FIRST INSERTION
SUPPLEMENT TO SUMMONS TO SHOW CAUSE,
NOTICE OF EMINENT DOMAIN PROCEEDINGS
AND NOTICE OF HEARING
FOR PUBLICATION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR CHARLOTTE COUNTY
CIVIL DIVISION
CASE NO. 14-832-CA
PARCEL(S): GAS-101, GAS-102, GAS-103, GAS-104, GAS-106, GAS-106-E, GAS-107, GAS-107-E1, GAS-107-E2, GAS-107-E3,
GAS-107-E4, GAS-108-E1,
GAS-108-E-2, GAS-108-E3,
GAS-109-E, GAS-110-E, GAS-111-E, GAS-113, GAS-114, GAS-115,
GAS-116, GAS-117, GAS-118,
GAS-119, GAS-120, GAS-121,
GAS-122, GAS-123, GAS-125,
GAS-126, GAS-127, GAS-128,
GAS-129, GAS-130, GAS-131,
GAS-132, GAS-133, GAS-134
CHARLOTTE COUNTY, a Political Subdivision of the State of Florida,
Petitioner, v.
SGC COMMERCIAL, LLC, a Florida limited liability company, 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 Amended Petition in Eminent Domain, Amended 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, Supplemental Notice of Filing Resolutions, Motion and Order Regulating Service of Pleadings and Papers, and Order of Referral to Magistrate on all the non-resident Defendant(s):
GAS-104
The Estate of William O. Branch,
Deceased
c/o Sharon P. Ratigan,
Co-Personal Rep.
11231 Marblehead Manor Court
Fort Myers, Florida 33908
GAS-109-E
Klin Adkins
6134 Rumford Street
Punta Gorda, Florida 33950
GAS-109-E, GAS-110-E, GAS-111-E
Multibank 2009-1 RES-ADC
Venture, LLC
c/o Rialto Capital Advisors, LLC
c/o C T Corporation System,
Registered Agent
1200 South Pine Island Road
Plantation, Florida 33324
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 an Amended Petition in Eminent Domain and Declaration of Taking have been filed to acquire certain property interests in Charlotte County, Florida as described in the Amended Petition.
Gasparilla Road
Improvement Project
EXHIBIT A
Parcel GAS-104
FEE ACQUISITION
A TRACT OR PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 41 SOUTH, RANGE 21 EAST, CHARLOTTE COUNTY, FLORIDA BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
THE WESTERLY 40 FEET LYING ADJACENT TO THE EASTERLY RIGHT-OF-WAY LINE OF C.R. 771 (GASPARILLA ROAD) WITHIN THAT PORTION OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 1344, PAGE 535, CHARLOTTE COUNTY PUBLIC RECORDS, LYING IN SECTION 8, TOWNSHIP 41 SOUTH, RANGE 21 EAST, CHARLOTTE COUNTY. CONTAINING 152,063 SQUARE FEET OR 3.49 ACRES MORE OR LESS.
Property Account No(s): 412108427001
Owned by: Dennis J. Fullenkamp, as Trustee
Parcel GAS-109-E
UTILITY EASEMENT
AN EASEMENT LYING IN SECTION 4, TOWNSHIP 41 SOUTH, RANGE 21 EAST, CHARLOTTE COUNTY, FLORIDA BEING OVER, ACROSS AND THROUGH LOT 6, BLOCK 9, TOWN OF McCALL, A SUBDIVISION RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS CHARLOTTE COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE N00°l7'14”E ALONG THE WEST LINE OF SAID SECTION 4 FOR 2019.50 FEET; THENCE S89°42'46”E FOR 1481.38 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF S.R. 776 (S. McCALL ROAD) ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1263.12 FEET, DELTA ANGLE 4°33'54”, CHORD BEARING N06°41'36”E, CHORD DISTANCE 100.61 FEET, AND THE POINT OF BEGINNING; THENCE ALONG THE ARC OF SAID CURVE FOR 100.64 FEET TO THE NORTH LINE OF SAID LOT 6; THENCE S89°36'42”E ALONG SAID NORTH LINE OF LOT 6 FOR 34.53 FEET TO THE BEGINNING OF A NONTANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1291.59 FEET, DELTA ANGLE OF 4°27'56”, CHORD BEARING OF S06°51'50”W, CHORD DISTANCE OF 100.64 FEET; THENCE ALONG THE ARC OF SAID CURVE FOR 100.67 FEET TO THE SOUTH LINE OF SAID LOT 6; THENCE N89°36'42”W ALONG SAID SOUTH LINE OF LOT 6 FOR 34.23 FEET TO THE POINT OF BEGINNING. CONTAINING 3,437 SQUARE FEET OR 0.08 ACRES MORE OR LESS.
Property Account No(s): 412104326002
Owned by: Dennis J. Fullenkamp
Parcel GAS-110-E
UTILITY EASEMENT
AN EASEMENT LYING IN SECTION 4, TOWNSHIP 41 SOUTH, RANGE 21 EAST, CHARLOTTE COUNTY, FLORIDA BEING OVER, ACROSS AND THROUGH LOT 5, BLOCK 9, TOWN OF McCALL, A SUBDIVISION RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS CHARLOTTE COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE N00°17'14”E ALONG THE WEST LINE OF SAID SECTION 4 FOR 2119.48 FEET; THENCE S89°42'46”E FOR 1492.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF S.R. 776 (S. McCALL ROAD) BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1263.12 FEET, DELTA ANGLE 4°32'22”, CHORD BEARING N02°08'29”E, CHORD DISTANCE 100.05 FEET, ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE ARC OF SAID CURVE FOR 100.07 FEET TO THE NORTH LINE OF SAID LOT 5; THENCE S89°36'42”E ALONG SAID NORTH LINE OF LOT 5 FOR 35.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1291.59 FEET, DELTA ANGLE OF 4°26'24”, CHORD BEARING OF S02°24'40”W, CHORD DISTANCE OF 100.06 FEET; THENCE ALONG THE ARC OF SAID CURVE FOR 100.09 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE N89°36'42”W ALONG SAID SOUTH LINE OF LOT 5 FOR 34.53 FEET TO THE POINT OF BEGINNING. CONTAINING 3,475 SQUARE FEET OR 0.08 ACRES MORE OR LESS.
Property Account No(s): 412104326001
Owned by: Dennis J. Fullenkamp
Parcel GAS-111-E
UTILITY EASEMENT
AN EASEMENT LYING IN SECTION 4, TOWNSHIP 41 SOUTH, RANGE 21 EAST, CHARLOTTE COUNTY, FLORIDA BEING OVER, ACROSS AND THROUGH LOTS 1,2,3 AND 4, BLOCK 9, TOWN OF McCALL, A SUBDIVISION RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS CHARLOTTE COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE N00°17'14”E ALONG THE WEST LINE OF SAID SECTION 4 FOR 2219.48 FEET; THENCE S89°42'46”E FOR 1492.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF S.R. 776 (S. McCALL ROAD) ALSO BEING THE POINT OF BEGINNING; THENCE N00°23'18”E ALONG SAID EASTERLY RIGHT-OF-WAY FOR 100.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING FIVE CALLS; N89°36'42”W FOR 3.31 FEET; N00°23'18”E FOR 100.00 FEET; N89°36'42”W FOR 3.28 FEET; N00°23'18”E FOR 200.00 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE S89°36'42”E ALONG THE NORTH LINE OF SAID LOT 1 FOR 44.47 FEET; THENCE S00°20'33”W FOR 399.85 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE N89°50'21”W ALONG SAID SOUTH LINE OF LOT 4 FOR 38.21 FEET TO THE POINT OF BEGINNING. CONTAINING 16,864 SQUARE FEET OR 0.39 ACRES MORE OR LESS.
Property Account No(s): 412104326003
Owned by: Dennis J. Fullenkamp, Trustee
Each Defendant and any other person claiming any interest in, or having a lien upon the property described in the Amended Petition is required to serve a copy of their written defenses to the Amended 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 June 13, 2014, showing what right, title, interest, or lien the Defendant has in or to the property described in the Amended Petition and to show cause why that property should not be taken for the uses and purposes set forth in the Amended Petition. If any Defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Amended 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 Amended Petition in the name of Charlotte County, and any other order the Court deems proper before the General Magistrate Robert F. Koch, on June 25, 2014, at 9:00 a.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 30th day of April, 2014.
BARBARA T. SCOTT
CLERK OF CIRCUIT COURT
(SEAL) By: C. L. G.
Deputy Clerk
Robert J. Gill, Esquire
Adams and Reese LLP
1515 Ringling Boulevard, Suite 700
Sarasota, Florida 34236
Florida Bar No. 0290785
Phone: (941) 316-7600
Fax: (941) 316-7676
Primary Email: [email protected]
Secondary Email:
[email protected]
Secondary Email:
[email protected]
Attorney for Petitioner, Charlotte County Board of County Commissioners
May 9, 16, 2014 14-00401T