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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL ACTION NO: 17-CA-007020
PARCELS: 712 & 805
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
ROBERT D. BECK; MARCELINDA K. BECK; LEE SHIABLE; SUE NAFZINGER; DOUG BELDEN, HILLSBOROUGH COUNTY
TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCELS 712 & 805,
Defendants.
STATE OF FLORIDA TO:
Robert D. Beck
Serve: Jim Helinger Jr., Esquire
Helinger DeYoung Eminent Domain Attorneys
4756 Central Avenue
St. Petersburg, FL 33711
Marcelinda K. Beck
Serve: Jim Helinger Jr., Esquire
Helinger DeYoung Eminent Domain Attorneys
4756 Central Avenue
St. Petersburg, FL 33711
Lee Shiable
825 E. Sam Allen Road
Plant City, Florida 33563
Sue Nafzinger
825 E. Sam Allen Road
Plant City, Florida 33563
Doug Belden, Hillsborough County Tax Collector
Serve: Brian T. FitzGerald, Esq.,
as attorney
Senior Assistant County Attorney
County Center
601 E. Kennedy Blvd., 27th Floor
Tampa, FL 33602
To all said defendants who are living and all defendants who are deceased, if any, and the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such defendant or defendants, if alive, and, if dead, their unknown spouse, heirs, devisees, legatees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased defendant or defendants, and all other parties having or claiming to have any right, title, or interest in and to the property described in the Petition, to wit:
PARCEL 712
TEMPORARY CONSTRUCTION EASEMENT
A portion of the Southwest 1/4 of Section 16, Township 28 South, Range 22 East, Hillsborough County, Florida, being described as follows:
Commence at a 5/8 inch diameter Iron Rod (No ID) marking the Southwest corner of Section 16, Township 28 South, Range 22 East, Hillsborough County, Florida; thence along the West line of the Southwest 1/4 of said Section 16, N 00°11'31” E, 2568.59 feet to the southerly existing right of way line of County Road 580 (Sam Allen Road) as shown on Florida Department of Transportation Section 10513-2604; thence along said southerly existing right of way line, N 89Ëš49'21” E, 0.42 feet; thence continue along said southerly existing right of way line, N 89Ëš45'13” E, 1305.04 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said southerly existing right of way line, N 89Ëš45'13” E, 22.00 feet; thence departing said southerly existing right of way line, S 00Ëš14'47” E, 25.20 feet; thence S 89Ëš45'03” W, 22.00 feet; thence N 00Ëš14'47” W, 25.20 feet to the POINT OF BEGINNING.
Containing 554 square feet, more or less.
A Temporary construction easement for the purpose of reestablishing and harmonizing a driveway with the remainder property and the edge of right of way. This easement shall expire five years from the date of deposit for the order of taking or upon completion of the project, whichever occurs first.
PARCEL 805
PERPETUAL EASEMENT
A portion of the Southwest 1/4 of Section 16, Township 28 South, Range 22 East, Hillsborough County, Florida, being described as follows:
Commence at the southwest corner of the Southwest 1/4 of Section 16, Township 28 South, Range 22 East, Hillsborough County, Florida; thence along the West line of the Southwest 1/4 of said Section 16, N 00°11'31” E, 2568.59 feet to the existing South right of way line of County Road 580 (Sam Allen Road) (per FDOT Section 10513-2604); thence along said existing South right of way line, N 89°49'21” E, 0.42 feet; thence continue along said existing South right of way line, N 89°45'13” E, 1219.38 to the POINT OF BEGINNING; thence continuing along said existing South right of way line, N 89°45'13” E, 57.50 feet; thence departing said existing South right of way line, S 00°14'47” E, 50.00 feet; thence S 89°45'13” W, 57.50 feet; thence N 00°14'47” W, 50.00 feet to the POINT OF BEGINNING.
Containing 2,875 square feet, more or less.
A perpetual easement for the purpose of drainage and maintenance, including ingress/egress.
You are each notified that the Petitioner filed its sworn Petition and its Declaration of Taking in this Court against you as defendants, seeking to condemn by eminent domain proceedings in the above-described property located in the State of Florida, County of Hillsborough. You are further notified that the Petitioner will apply to the Honorable Cheryl K. Thomas, one of the Judges of this Court on the 22nd day of January, 2018, at 1:30 p.m., at the Edgecombe Courthouse, 800 Twiggs Street, Room 525, Tampa, Florida 33602, for an Order of Taking in this cause. All respondents to this suit may request a hearing at the time and place designated and be heard. Any respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition on:
State of Florida,
Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
c/o Aloyma M. Sanchez
(813) 975-6480
Florida Bar No.: 0717509
[email protected]
[email protected]
on or before October 2, 2017, and to file the originals with the Clerk of this Court on that date, to show cause what right, title, interest, or lien you or any of you have in and to the property described in the Petition and to show cause, if any you have, why the property should not be condemned for the uses and purposes set forth in the Petition.
If you fail to answer, a default may be entered against you for the relief demanded in the Petition. If you fail to request a hearing on the Petition for Order of Taking you shall waive any right to object to said 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. To request such an accommodation please contact the ADA Coordinator at least seven days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days. If you are hearing or voice impaired, call 711.”
Thirteenth Judicial Circuit
ADA Coordinator
George E. Edgecomb Courthouse
800 E. Twiggs St.
Room 604
Tampa, FL 33602
Phone: (813) 272-5894.
WITNESS MY HAND AND SEAL of said Court on the 16th day of August 2017.
CLERK OF THE CIRCUIT COURT
BY: Lisa Mangual
Deputy Clerk
Aug. 25; Sept. 1, 2017 17-03727H