15-01151T

Charlotte

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. 15-2715-CA
Parcels: PIP-207, PIP-717, PIP-213, PIP-229, PIP-230, PIP-730,
PIP-233, PIP-234
CHARLOTTE COUNTY, a Political Subdivision of the State of Florida,
Petitioner, v.
LILLY H. DUBOSE, AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 21, 1991,
KNOWN AS THE TRUST
ADELLE-CHARLOTTE 010352; 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):

Parcel PIP-207 - Partial Take
Parcel PIP-717 - Drainage, Slope and Utility Easement
Lilly H. DuBose, as Trustee under Trust Agreement dated May 21, 1991, known as the Trust Adelle-Charlotte 010352
Box 158
Ft Myers, FL 33902-0158

Parcel PIP-213 - Partial Take
National Bulk Holdings, Inc. f/k/a National Bulk Carriers, Inc., a Delaware corporation f/k/a National Bulk Assets, Inc., a Delaware corporation (inactive)
C/O D.K. Ludwig, President
1345 Ave of the Americas, Rm 3305
New York, NY 10019

Parcel PIP-234 - Full Take
Corfu Homes, a Florida corporation
c/o Vlachos Stamatios PST, Registered Agent
5410 Shady Oak Lane
Dania Beach, FL 33312

Action Realty & Investments, Inc. a Florida corporation
c/o Earl Lawrence, Registered Agent
1322 Madison Street
Hollywood, FL 33019

Parcel PIP-233 - Full Take
PHH Mortgage Corp f/k/a Cendant Mortgage Corp
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”
Piper Road North Road Improvement Project
Parcel PIP-207 - Partial Take

A tract or parcel of land for right-of-way purposes, being part of lands described in Official Record Book 1158, Page 658 as recorded in the Public Records of Charlotte County, Florida, lying in Section 3, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the southwest corner of the Southwest Quarter (SW-1/4) of said Section 3; thence N 02° 48' 35” W along the west line of said Southwest Quarter (SW- 1/4) for 133.37 feet to the northwest corner of lands described in Official Record Book 844, Page 2144 of said public records, said corner also being at Station 243+71.28 and 10.76 feet left of (as measured on a perpendicular) the survey line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map of Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence continue N 02° 48' 35” W along the west line of said Southwest Quarter (SW-1/4) for 133.37 feet to the intersection with the south line of lands described in Official Record Book 1014, Page 2075 of said public records, thence S 88° 54' 48” E along said south line for 57.21 feet to an intersection with a non-tangent curve to the right; thence southerly along the arc of said curve having a radius of 5040.00 feet, (delta 01° 32' 08”), (chord bearing S 08° 57' 28” E), (chord 135.06 feet) for 135.06 feet to an intersection with the north line of lands described in Official Record Book 844, Page 2144 of said public records, thence N 88° 58' 14” W along said north line for 71.70 feet to the POINT OF BEGINNING.

Containing 8,615 square feet or 0.20 of an acre, more or less.

Bearings hereinabove mentioned are State Plane Coordinate for the West Zone of Florida (NAD 83/90 Adjustment) and are based on the west line of the Southwest Quarter (SW-1/4) of Section 3, Township 41 South, Range 23 East to bear N 02° 48' 35” W.

Property Account No(s): 412303351004

Owned by: Lilly H. DuBose, as Trustee under Trust Agreement dated May 21, 1991, known as the Trust Adelle-Charlotte 010352

Parcel PIP-717 - Drainage, Slope and Utility Easement

A tract or parcel of land for drainage, slope and utility easement purposes, being part of lands described in Official Record Book 1158, Page 658 as recorded in the Public Records of Charlotte County, Florida, lying in Section 3, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the southwest corner of the southwest quarter (SW-1/4) of said Section 3; thence N 02° 48' 35” W along the west line of said southwest quarter (SW- 1/4) for 133.37 feet to the northwest corner of lands described in Official Record Book 844, Page 2144 of said public records; thence S 88° 58' 14” E along the north line of said lands for 71.70 feet to a point of intersection with a non-tangent curve to the left, said point also being at Station 243+59.76 and 60.00 feet right of (as measured on a perpendicular) the Survey Base Line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map of Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence northwesterly along the arc of said curve having a radius of 5,040.00 feet (delta 01° 32' 08”) (chord bearing N 08° 57' 28” W) (chord 135.06 feet) for 135.06 feet to an intersection with a non-tangent line and the south line of lands described in Official Record Book 1014, Page 2075 of said Public Records; thence S 88° 54' 48” E along said south line for 15.27 feet to an intersection with a non-tangent curve to the right; thence southeasterly along the arc of said curve having a radius of 5,055.00 feet (delta 01° 31' 50”) (chord bearing S 08° 55' 40” E) (chord 135.03 feet) for 135.04 feet to an intersection with a non tangent line and the north line of lands described in Official Record Book 844, Page 2144 of said Public Records; thence N 88° 58' 14” W along said north line for 15.20 feet to the POINT OF BEGINNING.

Containing 2,026 square feet or 0.05 of an acre, more or less.

Property Account No(s): 412303351004

Owned by: Lilly H. DuBose, as Trustee under Trust Agreement dated May 21, 1991, known as the Trust Adelle-Charlotte 010352

Parcel PIP-213 - Partial Take

A tract or parcel of land for right-of-way purposes, being part of lands described in Official Record Book 1056, Page 925 as recorded in the Public Records of Charlotte County, Florida, lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE southeast corner of the southeast quarter (SE-1/4) of said Section 4, thence N 02° 48' 35” W along the east line of said southeast quarter (SE-1/4) for 2000.65 feet to the northeast corner of lands described in Official Record Book 619, Page 1265 of said public records; thence S 87° 49' 00” W along the north line of said lands for 461.79 feet to a point, said point also being at Station 263+01.25 and 60.00 feet right of (as measured on a perpendicular) the Survey Base Line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map of Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING continue S 87° 49' 00” W along said north line for 49.29 feet to the south line of Lot 16, Block 33 of Tee and Green Estates as shown in Plat Book 4, at Page 43-A of said Public Records; thence N 70° 00' 35” W along the south line of said Lot 16 for 45.60 feet; thence S 25° 01' 28” E for 15.13 feet to the south line of Tract “C” as shown and described in Plat Book 4, Page 43-A of said public records and the POINT OF BEGINNING.

Containing 344 square feet or 0.008 acres, more or less.

Bearings hereinabove mentioned are State Plane Coordinate for the West Zone of Florida (NAD 83/90 Adjustment) and are based on the east line of the southeast quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East to bear N 02° 48' 35” W.

Property Account No(s): 412303309001

Owned by: National Bulk Carriers, Inc., a Delaware corporation f/k/a National Bulk Assets, Inc., a Delaware corporation and Beneficiaries of the Estate of James B. Irwin, deceased

Parcel PIP-229 - Full Take

A tract or parcel for right-of-way purposes being all of Lot 1, Block 28, Tee And Green Estates, as recorded in Plat Book 4, Page 61-A, in the Public Records of Charlotte County, Florida, lying in the Southeast Quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the northeast corner of the Southeast Quarter (SE-1/4) of said Section 4, thence S 02° 48' 35” E along the east line of said Southeast Quarter (SE-1/4) for 194.38 feet to the center line of North Fairway Drive (50 feet wide); thence run S 70° 00' 35” W along said center line for 759.87 feet to a point of intersection with the prolongation of the east line of said Lot 1; thence N 05° 17' 08” W along said prolongation line for 172.21 feet to the northeast corner of Lot 2 of said Block 28, said point also being at Station 267+88.08 and 34.60 feet left of (as measured on a perpendicular) the survey line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map for Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence S 86° 16' 12” W along the north line of said Lot 2 for 109.55 feet to the east line of Lot 7 of said Block 28; thence N 05° 37' 46” W along said east line of Lot 7 for 75.01 feet to the south right-of-way line of Woodholm Drive (50 feet wide); thence N 86° 16' 12” E along said south right-of-way line for 85.67 feet to a point of curvature; thence southeasterly along the arc of said curve to the right, having a radius of 25.00 feet, (delta 88° 26' 40”), (chord bearing S 49° 30' 28” E) (chord 34.87 feet) for 38.59 feet to a point of tangency and the west right-of-way line of Park Lane (50 feet wide); thence S 05º 17' 08” E along said west right-of-way line for 50.67 feet to the POINT OF BEGINNING.

Containing 8,104 square feet or 0.19 of an acre, more or less.

Bearings hereinabove mentioned are State Plane Coordinate for the West Zone of Florida (NAD 83/90 Adjustment) and are based on the east line of the Southeast Quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East to bear S 02° 48' 35” E.

Property Account No(s): 412304429005

Owned by: James D. & Linda L. Mashburn
Parcel PIP-230 - Full Take

A tract or parcel for right-of-way purposes being all of Lot 51 and all of Tract H lying north of Lot 51, Block 26, Tee And Green Estates, as recorded in Plat Book 4, Page 61-A, in the Public Records of Charlotte County, Florida, lying in the Southeast Quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the northeast corner of the Southeast Quarter (SE-1/4) of said Section 4, thence S 88° 06' 19” W along the north line of said Tract H for 795.10 feet to a point on the west line of Lot 50 of said Block 26, said point also being at Station 270+51.59 and 6.47 feet right of (as measured on a perpendicular) the survey line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map for Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence S 03° 43' 48” E along the west line of said Lot 52 for 135.46 feet to the north right-of-way line of Woodholm Drive (50 feet wide); thence S 86° 16' 12” W along said right-of-way line for 74.87 feet to the east line of Lot 52 of said Block 26; thence N 03° 43' 48” W along said east line of said Lot 52 for 137.86 feet to the north line of said Tract H; thence N 88° 06' 19” E along the north line of said Tract H for 74.91 feet to the POINT OF BEGINNING.

Containing 10,232 square feet or 0.23 of an acre, more or less.

Property Account No(s): 412304426007

Owned by: James D. & Linda L. Mashburn

Parcel PIP-730 - Drainage, Slope and Utility Easement

A tract or parcel for drainage, slope and utility easement purposes being part of Lot 52, Block 26 and part of Tract H lying north of said Lot 52, Tee And Green Estates, as shown and recorded in Plat Book 4, Page 61-A, in the Public Records of Charlotte County, Florida, lying in the Southeast Quarter (SE- 1/4) of Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the northeast corner of the Southeast Quarter (SE-1/4) of said Section 4, thence S 88° 06' 19” W along the north line of said Tract H for 795.10 feet to northwest corner of Lot 50 of said Block 26; thence continue S 88° 06' 19” W along said north line for 74.91 feet to the northeast corner of Lot 52 of said Block 26, said corner also being at Station 270+81.01 and 62.41 feet left of (as measured on a perpendicular) the Survey Base Line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map for Piper Road and the POINT OF BEGINNING.

From said POINT OF BEGINNING thence S 03° 43' 48” E along the west line of said Lot 52 for 20.89 feet; thence N 25° 01' 28” W for 22.70 feet to the north line of said Tract H; thence N 88° 06' 19” E along said north line for 8.25 feet to the POINT OF BEGINNING.

Containing 86 square feet or 0.002 of an acre, more or less.

Property Account No(s): 412304426006

Owned by: James D. & Linda L. Mashburn
Parcel PIP-233 - Full Take

A tract or parcel for right-of-way purposes being all of Lots 48-49 and all of Tract H lying north of Lots 48-49, Block 26, Tee And Green Estates, as recorded in Plat Book 4, Page 61-A, in the Public Records of Charlotte County, Florida, lying in the Southeast Quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the northeast corner of the Southeast Quarter (SE-1/4) of said Section 4, thence S 88° 06' 19” W along the north line of said Tract H for 570.38 feet to a point of intersection with the prolongation of the west line of Lot 47 of said Block 26, said point also being at Station 269+63.32 and 213.13 feet right of (as measured on a perpendicular) the survey line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map for Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence S 03° 43' 48” E along said prolongation for 128.27 feet to the north right-of-way line of Woodholm Drive (50 feet wide); thence S 86° 16' 12” W along said right-of-way line for 149.74 feet to the east line of Lot 50 of said Block 26; thence N 03° 43' 48” W along said east line of said Lot 50 for 133.07 feet to the north line of said Tract H; thence N 88° 06' 19” E along the north line of said Tract H for 149.81 feet to the POINT OF BEGINNING.

Containing 19,567 square feet or 0.45 of an acre, more or less.

Property Account No(s): 412304426009

Owned by: Russell L. & Nancy R. Powers
Parcel PIP-234 - Full Take

A tract or parcel for right-of-way purposes being all of Lot 50 and all of Tract H lying north of Lot 50, Block 26, Tee And Green Estates, as recorded in Plat Book 4, Page 61-A, in the Public Records of Charlotte County, Florida, lying in the Southeast Quarter (SE-1/4) of Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being more particularly described as follows:

COMMENCE at the northeast corner of the Southeast Quarter (SE-1/4) of said Section 4, thence S 88° 06' 19” W along the north line of said Tract H for 720.20 feet to a point of intersection with the prolongation of the west line of Lot 49 of said Block 26, said point also being at Station 270+22.16 and 75.36 feet right of (as measured on a perpendicular) the survey line as shown on Charlotte County Public Works Division Control Survey and Right-of-Way Map for Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence S 03° 43' 48” E along said prolongation for 133.07 feet to the north right-of-way line of Woodholm Drive (50 feet wide); thence S 86° 16' 12” W along said right-of-way line for 74.87 feet to the east line of Lot 51 of said Block 26; thence N 03° 43' 48” W along said east line of said Lot 51 for 135.46 feet to the north line of said Tract H; thence N 88° 06' 19” E along the north line of said Tract H for 74.91 feet to the POINT OF BEGINNING.

Containing 10,053 square feet or 0.23 of an acre, more or less.

Property Account No(s): 412304426008
Property Account No(s): 412304426001

Owned by: Spencer Clark
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 February 6, 2016, 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 Lisa S. Porter, on March 30, 2016, at 11:00 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 the Administrative Services Manager, whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950, and whose telephone number is (941) 637-2110 or [email protected], 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 14th day of December, 2015.
BARBARA T. SCOTT
CLERK OF CIRCUIT COURT
(SEAL) By: J. Kern
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
December 18, 25, 2015 15-01151T

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15-01151T

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