16-00887T

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. 16-2133-CA
Parcels: PIP-224, PIP-724A,
PIP-724B PIP-724D
CHARLOTTE COUNTY, a Political Subdivision of the State of Florida,
Petitioner, v. PUNTA GORDA ACQUISITION II, 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 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, and Notice of Filing Resolutions on all the non-resident Defendant(s):

Parcel PIP-224 - Partial Take
Parcel PIP-724A - Drainage, Slope and Utility Easement
Parcel PIP-724B - Drainage Easement
Parcel PIP-724D - Drainage, Slope and Utility Easement
Punta Gorda Acquisition II, LLC, a Florida limited liability company a/k/a Punta Gorda Acquisitions II, LLC, a Florida limited liability company
c/o Charles A. Moore, III, Registered Agent
201 N Franklin St, Ste 2000
Tampa, FL 33602
Primerica Group One, Inc.
c/o Richard L Trzcinski, Registered Agent
3629 Madaca Lane
Tampa, FL 33618
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”
Parcel PIP-224 - Partial Take
A Parcel Lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida
A tract or parcel of land for right-of-way for the extension of Piper Road, being part of lands described in Official Record Book 3721, Pages 1262-1265, as recorded in the Public Records of Charlotte County, Florida, lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being described as follows:
COMMENCE at the southeast corner of the Northeast Quarter (NE-1/4) of said Section 4, thence S 88° 06' 19” W, along the North line of Tract H, as shown on the plat of Tee and Green Estates, as recorded in Plat Book 4, Pages 61A and 61B, said public records, for 736.90 feet, said point being at Station 270+28.73 and 60.00 feet right from (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 88° 06' 19” W, along said North line, for 125.05 feet; thence, departing said North line, N 25°01'28” W, for 1,345.51 feet; thence N 69° 54' 54” W, for 43.47 feet to an intersection with the southeasterly right of way line of U.S. 17 (Duncan Road), as described in deed recorded in Official Record Book 3450, Pages 1910-1913, said public records; thence N 64° 58' 32” E, along said southeasterly line, for 175.38 feet; thence S 20° 05' 06” W, departing said southeasterly line, for 41.93 feet; thence S 25° 01' 28” E, for 1,395.83 feet to the POINT OF BEGINNING.

Containing 162,011 square feet or 3.72 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 S 02° 48' 35” E.

Parcel PIP-724A - Drainage, Slope and Utility Easement
A Parcel Lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida

A tract or parcel of land for drainage, slope and utility easement purposes, being part of lands described in Official Record Book 3721, Pages 1262-1265, as recorded in the Public Records of Charlotte County, Florida, lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being described as follows:
COMMENCE at the southeast corner of the Northeast Quarter (NE-l/4) of said Section 4, thence S 88° 06' 19” W, along the North line of Tract H, as shown on the plat of Tee and Green Estates, as recorded in Plat Book 4, Pages 61A and 61B, said public records, for 861.95 feet, said point being at Station 270+77.85 and 55.00 feet left from (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 88° 06' 19” W, along said North line, for 16.31 feet; thence, departing said North line, N 25° 01' 28” W, for 1,354.16 feet; thence S 69° 54' 54” E, for 21.25 feet; thence S 25° 01' 28” E, for 1,345.51 feet to the POINT OF BEGINNING.

Containing 20,247 square feet or 0.46 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-l/4) of Section 4, Township 41 South, Range 23 East to bear S 02° 48' 35” E.

Parcel PIP-724B - Drainage Easement
A Parcel Lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida

A tract or parcel of land for drainage easement purposes, being part of lands described in Official Record Book 3721, Pages 1262-1265, as recorded in the Public Records of Charlotte County, Florida, lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being described as follows:

COMMENCE at the southeast corner of the Northeast Quarter (NE-1/4) of said Section 4, thence S 88° 06' 19” W, along the North line of Tract H, and the westerly extension of said North line, as shown on the plat of Tee and Green Estates, as recorded in Plat Book 4, Pages 61A and 61B, said public records, for 1,476.81 feet, thence N 01° 53' 41” W, for 659.68 feet to a point being at Station 279+26.02 and 361.30 feet left from (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 N 70° 01' 28” W, for 25.00 feet; thence N 19° 58' 32” E, for 28.26 feet; thence N 25° 01' 28” W, for 170.32 feet; thence N 64° 58' 32” E, for 289.00 feet; thence S 25° 01' 28” E, for 188.00 feet; thence S 64° 58' 32” W, for 271.32 feet; thence S 19° 58' 32” W, for 28.26 feet to the POINT OF BEGINNING.

Containing 54,882 square feet or 1.26 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 S 02° 48' 35” E.

Parcel PIP-724D - Drainage, Slope and Utility Easement
A Parcel Lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida

A tract or parcel of land for drainage, slope and utility easement purposes, being part of lands described in Official Record Book 3721, Pages 1262-1265, as recorded in the Public Records of Charlotte County, Florida, lying in Section 4, Township 41 South, Range 23 East, Charlotte County, Florida, being described as follows:

COMMENCE at the southeast corner of the Northeast Quarter (NE-1/4) of said Section 4, thence S 88° 06' 19” W, along the North line of Tract H, as shown on the plat of Tee and Green Estates, as recorded in Plat Book 4, Pages 61A and 61B, said public records, for 720.58 feet, said point being at Station 270+22.32 and 75.00 feet right from (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 88° 06' 19” W, along said North line, for 16.31 feet; thence, departing said North line, N 25° 01' 28” W, for 1,395.83 feet; thence N 20° 05' 06” E, for 21.17 feet; thence S 25° 01' 28” E, for 1,417.18 feet to the POINT OF BEGINNING.

Containing 21,098 square feet or 0.48 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 S 02° 48' 35” E.

Property Account No(s): 412304276001

Owned by: Punta Gorda Acquisition II, LLC, a Florida limited liability company
Pursuant to: Warranty Deed
Recorded at O.R. Book 3721, Page 1262
in the Public Records in and for Charlotte County, Florida.

Subject to: Any Interest of Primerica Group One, Inc., a Florida Corporation
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 January 23, 2017, 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 Honorable Judge Lisa S. Porter, on February 13, 2017 at 10:30 a.m.(30minutes) 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 09 day of 12, 2016.
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
Dec. 30, 2016; Jan. 6, 2017 16-00887T

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