16-00102T

SUPPLEMENTAL 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-206, PIP-716, PIP-207, PIP-717, PIP-209, PIP-719, PIP-720, 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 Amended Petition in Eminent Domain, Amended Notice of Lis Pendens, Amended Declaration of Taking, Notice of Publication, Notice of Filing Affidavit, together with Affidavit Supporting Constructive Service of Process, Supplmental Notice of Filing Resolutions, and Motion and Order Regulating Service of Pleadings and Papers on all the non-resident Defendant(s):

Parcel PIP-206 - Partial Take
Parcel PIP-716 - Drainage, Slope and Utility Easement
Parcel PIP-720 - Drainage, Slope and Utility Easement

Mildred Morrow, her heirs, and assigns
410 Showalter Street
Punta Gorda, FL 33950

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 Amended Declaration of Taking has been filed to acquire certain property interests in Charlotte County, Florida as described in the Amended Petition.
Piper Road North Road Improvement Project
EXHIBIT A

Parcel PIP-206 - Partial Take

A tract or parcel of land for right-of-way purposes, being part of lands described in Official Record Book 844, Page 2144 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 southeast corner of the Northeast Quarter (NE-1/4) of said Section 9; thence N 00° 14' 04” E along the east line of said Northeast Quarter (NE-1/4) for 2700.09 feet to the southwest corner of the Southwest Quarter (SW-1/4) of said Section 3, said corner also being the northwest corner of lands described in Official Record Book 1803, Page 2023 of said public records, said corner also being at Station 242+37.92 and 21.79 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 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 1158, Page 658 of said public records, thence S 88° 58' 14” E along said south line for 71.70 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° 31' 43”), (chord bearing S 07° 25' 33” E), (chord 134.45 feet) for 134.45 feet to an intersection with the north line of lands described in Official Record Book 1803, Page 2023 of said public records, thence N 89° 01' 41” W along said north line for 82.54 feet to the POINT OF BEGINNING.

Containing 10,300 square feet or 0.24 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 Northeast Quarter (NE-1/4) of Section 9, Township 41 South, Range 23 East to bear N 00° 14' 04” E.

Property Account No(s):
412303351005

Owned by:
Forsberg Construction, Inc., fka T.A. Forsberg, Inc. of Florida, a Florida Corporation
Pursuant to: Warranty Deed
Recorded at O.R. Book 844, Page 2144
in the Public Records in and for Charlotte County, Florida.

Subject to: Mortgage
Recorded at: O.R. Book 928, Page 1531
In favor of: Bank One, East Lansing n/k/a
Firstmerit Bank, National Association

Subject to: Easement (access easement)
Recorded at: O.R. Book 461, Page 216
In favor of: Mildred Morrow, her heirs, and assigns
in the Public Records in and for Charlotte County, Florida.

Parcel PIP-716 - 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 844, Page 2144 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 southeast corner of the Northeast Quarter (NE-1/4) of said Section 9; thence N 00° 14' 04” E along the east line of said Northeast Quarter (NE-1/4) for 2700.09 feet to the southwest corner of the Southwest Quarter (SW-1/4) of said Section 3, said corner also being the northwest corner of lands described in Official Record Book 1803, Page 2023 of said public records, thence S 89° 01' 41” E along the north line of said lands for 82.54 feet to an intersection with the arc of a non-tangent curve to the left; said intersection also being at Station 242+26.91 and 60.00 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 of Piper Road and the POINT OF BEGINNING.
From said POINT OF BEGINNING thence northerly along the arc of said curve, having a radius of 5,040.00 feet (delta 01° 31' 43”), (chord bearing N 07° 25' 33” W), (chord 134.45 feet) for 134.45 feet to an intersection with a non-tangent line, said line also being the south line of lands described in Official Record Book 1158, Page 658 of said public records, thence S 88° 58' 14” E along said south line for 15.20 feet to an intersection with the arc of a non-tangent curve to the right; thence southerly along the arc of said curve having a radius of 5,055.00 feet, (delta 01° 31' 25”), (chord bearing S 07° 24' 02” E), (chord 134.43 feet) for 134.43 feet to an intersection with said north line of lands described in Official Record Book 1803, Page 2023 of said public records, thence N 89° 01' 41” W along said north line for 15.13 feet to the POINT OF BEGINNING.

Containing 2,017 square feet or 0.05 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 Northeast Quarter (NE-1/4) of Section 9, Township 41 South, Range 23 East to bear N 00° 14' 04” E.

Property Account No(s):
412303351005

Owned by: Forsberg Construction, Inc., fka T.A. Forsberg,
Inc. of Florida, a Florida Corporation
Pursuant to: Warranty Deed
Recorded at O.R. Book 844, Page 2144 in the Public Records in and for Charlotte County, Florida.

Subject to: Mortgage Recorded at: O.R. Book 928, Page 1531
In favor of: Bank One, East Lansing n/k/a
Firstmerit Bank, National Association

Subject to: Easement (access easement)
Recorded at: O.R. Book 461, Page 216
In favor of: Mildred Morrow, her heirs, and assigns
in the Public Records in and for Charlotte County, Florida.

Parcel PIP-209 - Partial Take
A tract or parcel of land for right-of-way purposes, being part of lands described in Official Record Book 1079, Page 459 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 400.11 feet to the northwest corner of lands described in Official Record Book 1014, Page 2075 of said public records, said corner also being at Station 246+35.75 and 21.92 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 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 223.43 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 02° 36' 31”), (chord bearing S 12° 34' 24” E), (chord 229.44 feet) for 229.46 feet to an intersection with the north line of lands described in Official Record Book 1014, Page 2075 of said public records, thence N 88° 51' 21” W along said north line for 39.00 feet to the POINT OF BEGINNING.
Containing 4,548 square feet or 0.10 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):
412303351002
Owned by: Forsberg Construction, Inc. f/k/a T.A. Forsberg, Inc. of Florida, a Florida Corporation
Pursuant to: Warranty Deed Recorded at O.R. Book 1079, Page 459 in the Public Records in and for Charlotte County, Florida.

Parcel PIP-719 - 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 1079, Page 459 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 400.11 feet to the northwest corner of lands described in Official Record Book 1014, Page 2075 of said public records; thence S 88° 51' 21” E along the north line of said lands for 39.00 feet to a point of intersection with of a non-tangent curve to the left, said point also being at Station 246+27.40 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 5040.00 feet (delta 02° 36' 31”) (chord bearing N 12° 34' 24” W) (chord 229.44 feet) for 229.46 feet to an intersection with a non-tangent line and the west line of said southwest quarter (SW-1/4); thence N 02° 48' 35” W along said west line for 43.31 feet to the southwest corner of lands described in Official Record Book 783, Page 757 of said Public Records; thence S 88° 44' 27” E along the south line of said lands for 6.76 feet to an intersection with a non-tangent curve to the right; thence southeasterly along the arc of said curve, having a radius of 5055.00 feet (delta 03° 06' 28”) (chord bearing S 12° 47' 08” E) (chord 274.16 feet) for 274.19 feet to an intersection with a non-tangent line and the south line of lands described in Official Record Book 1079, Page 459 of said Public Records; thence N 88° 51' 21” W along said south line for 15.36 feet to the POINT OF BEGINNING.
Containing 3,924 square feet or 0.09 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):
412303351002
Owned by: Forsberg Construction, Inc. fka T.A. Forsberg, Inc. of Florida, a Florida Corporation
Pursuant to: Warranty Deed Recorded at O.R. Book 1079, Page 459 in the Public Records in and for Charlotte County, Florida.

Parcel PIP-720 - 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 783, Page 757 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 said Section 3; thence N 02° 48' 35” W along the west line of the southwest quarter (SW-1/4) of said Section 3 for 666.86 feet to the northwest corner of lands described in Official Record Book 1079, Page 459 of said public records, said corner also being at Station 248+96.06 and 68.49 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 continue N 02° 48' 35” W along said west line for 32.01 feet to an intersection with the arc of a non-tangent curve to the right and a point of cusp; thence southeasterly along the arc of said curve, having a radius of 5,055.00 feet (delta 00° 22' 34”) (chord bearing S 14° 31' 39” E) (chord 33.18 feet) for 33.18 feet to the intersection with a non-tangent line and the north line of said lands described in Official Records Book 1079, Page 459 of said public records; thence N 88° 44' 27” W along said north line for 6.76 feet to the POINT OF BEGINNING.
Containing 108 square feet or 0.002 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): 412303351006
Owned by: Forsberg Construction, Inc., f/k/a T. A. Forsberg
Inc. Of Florida, a Florida corporation
Pursuant to: Warranty Deed
Recorded at O.R. Book 790, Page 1525
in the Public Records in and for Charlotte County, Florida.

Subject to: Mortgage
In favor of: Bank One, East Lansing n/k/a
Firstmerit Bank, National Association
Recorded at: O.R. Book 928, Page 1531
in the Public Records in and for Charlotte County, Florida.

Subject to: Easement (access easement)
Recorded at: O.R. Book 461, Page 216
In favor of: Mildred Morrow, her heirs, and assigns
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 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 March 16, 2016, 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 an Amended 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 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 5th day of February, 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
February 12, 19, 2016 16-00102T

View the PDF of the publication this ad appeared in