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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: 18-CA005553
PARCELS: 136 & 722
PARTS A, B, C & D
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner, -vs-
JOSEPH A. COTHRON; CONNIE L. COTHRON HUSBAND AND WIFE; BARBARA ANN BRANNON, A MARRIED WOMAN; CENTERSTATE BANK, NATIONAL
ASSOCIATION, F/K/A AS SUNSHINE STATE FEDERAL SAVINGS & LOAN ASSOCIATION; FEDERAL NATIONAL MORTGAGE ASSOCIATION; THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATE HOLDERS OF CWMBS, INC., ALTERNATIVE LOAN TRUST 2003-18CB,
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-45; UNITED STATES DEPARTMENT OF JUSTICE; COTHRON CONTRACTING, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, D/B/A H2 TURF; REDARC METALWORKS, INC., A FLORIDA INACTIVE CORPORATION; ESTATE OF JOSEPHINE G. BARNWELL; SUSAN C. BARNWELL, AS POTENTIAL HEIR TO THE ESTATE OF JOSEPHINE G. BARNWELL, AS
HEIR TO THE ESTATE OF D. W. CLAVILLE; DAVID A. BARNWELL, AS POTENTIAL HEIR TO THE ESTATE OF JOSEPHINE G. BARNWELL, AS HEIR TO THE ESTATE OF D. W. CLAVILLE; BARBARA ANN BARNWELL, AS POTENTIAL HEIR TO THE ESTATE OF JOSEPHINE G. BARNWELL, AS HEIR TO THE ESTATE OF D. W. CLAVILLE; SARA C. HARRELL (SARA NELL CLAVILLE HARRELL), AS HEIR
TO THE ESTATE OF D. W. CLAVILLE; ANNE C. WHEELER (THELMA ANN CLAVILLE HETT
WHEELER), AS HEIR TO THE ESTATE OF D. W. CLAVILLE; J. RICHARD CLAVILLE (JOHN RICHARD CLAVILLE), AS HEIR TO THE ESTATE OF D. W. CLAVILLE; ESTATE OF MARGARET C. GRIFFIN (MARGARET EPPIE CLAVILLE GRIFFIN), DECEASED, AS HEIR TO THE ESTATE OF D. W. CLAVILLE; MARGARET ANN HUFFER (MARGARET ANN GRIFFIN HUFFER) AS HEIR TO THE ESTATE OF MARGARET C. GRIFFIN; THERESA STEINACKER (THERESA GRIFFIN STEINACKER), AS HEIR TO THE ESTATE OF MARGARET C. GRIFFIN; SHERYL L. GRIFFIN, AS HEIR TO THE ESTATE OF MARGARET C. GRIFFIN; PATRICIA GRIFFIN HARPER, AS HEIR TO THE ESTATE OF MARGARET C. GRIFFIN; ESTATE OF DANIEL V. GRIFFIN, DECEASED, AS HEIR TO THE ESTATE OF MARGARET C. GRIFFIN HEIR TO D. W. CLAVILLE; WILLIAM BRUCE BARNWELL, AS POTENTIAL HEIR TO THE ESTATE OF JOSEPHINE GEORGIA CLAVILLE BARNWELL; DOUG BELDEN, HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY
HAVE AN INTEREST IN PARCELS 136 AND 722.
Defendants.
STATE OF FLORIDA TO:
Joseph A. Cothron
Serve: Fred S. Werdine, as attorney
Shutts & Bowen, LLP
4301 w. Boy Scout Boulevard, Suite 300
Tampa, Florida 33607
Connie L. Cothron,
Serve: Fred S. Werdine, as attorney
Shutts & Bowen, LLP
4301 w. Boy Scout Boulevard, Suite 300
Tampa, Florida 33607
Barbara Ann Brannon, a married woman
12938 Tom Gallagher Road
Dover, Florida 33527
Center State Bank, National Association, f/k/a as Sunshine State Federal Savings & Loan Association
Serve: Jerry Ball, Community President
1101 First Street South
Winter Haven, Florida 33880
Federal National Mortgage Association
Serve: Timothy J. Mayopoulos, as President and Chief Executive Officer
14221 1200 South Pine Island Road
Plantation, Florida 33324
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders of CWMBS, Inc., Alternative Loan Trust 2003-18CB, Mortgage Pass-Through Certificates, Series 2003-45
Serve: Charles W. Scharf, as Chairman and Chief Executive Officer
225 Liberty Street
New York, NY 10286
Cothron Contracting, LLC, a Florida Limited Liability Company, d/b/a H2 Turf
Serve: Jarrod Cothron, as registered agent
12780 Martin Luther King Jr. Blvd.
Dover, Florida 33527
Redarc Metalworks, Inc., a Florida Inactive Corporation
Serve: Gregg Horowitz, as registered agent
2201 Ringling Blvd.
STE 202
Sarasota, FL 34237
Estate of Josephine G. Barnwell, (Josephine G. Claville Barnwell) deceased
Via publication
Susan C. Barnwell, as potential heir to the Estate of Josephine G. Barnwell, as heir to the Estate of D. W. Claville (David William Claville), deceased
19900 SW 264th St.
Homestead, FL 33031
David A. Barnwell, as potential heir to the Estate of Josephine G. Barnwell, as heir to the Estate of D. W. Claville (David William Claville), deceased
30021 SW 147th Avenue
Homestead, FL 33033
Barbara Ann Barnwell, as potential heir to the Estate of Josephine G. Barnwell, as heir to the Estate of D. W. Claville (David William Claville), deceased
1904 Raehn Street
Orlando, Florida 32806-2453
Sara C. Harrell (Sara Nell Claville Harrell), as heir to the Estate of D. W. Claville (David William Claville), deceased
402 Tighe Avenue
Seffner, Florida 33584-5161
Anne C. Wheeler (Thelma Ann Claville Hett Wheeler), as heir to the Estate of D. W. Claville (David William Claville), deceased
1204 Joe Henry Wheeler Drive
Dover, Florida 33527
J. Richard Claville (John Richard Claville), as heir to the Estate of D. W. Claville (David William Claville), deceased
2011 E. Wheeler Road
Seffner, FL 33584
Estate of Margaret C. Griffin (Margaret Eppie Claville Griffin), deceased, as heir to the Estate of D. W. Claville (David William CLaville), deceased
Via Publication
Margaret Ann Huffer (Margaret Ann Griffin Huffer) as heir to the Estate of Margaret C. Griffin (Margaret Eppie Claville Griffin), deceased, heir to D. W. Claville (David William Claville), deceased
1011 Alcazar Way South
St. Petersburg, Florida 33705
Theresa Steinacker (Theresa Griffin Steinacker), as heir to the Estate of Margaret C. Griffin (Margaret Eppie Claville Griffin), deceased, heir to D. W. Claville (David William Claville), deceased
2109 Wheeler Oaks Drive
Brandon, Florida 33510
Sheryl L. Griffin, as heir to the Estate of Margaret C. Griffin (Margaret Eppie Claville Griffin), deceased, heir to D. W. Claville (David William Claville), deceased
6411 Angus Drive
Lakeland, Florida 33810-3222
Patricia Griffin Harper, as heir to the Estate of Margaret C. Griffin (Margaret Eppie Claville Griffin) heir to D. W. Claville (David William Claville), deceased
414 Overland Drive
Brandon, FL 33511
Estate of Daniel V. Griffin, deceased, as heir to the Estate of Margaret C. Griffin heir to D. W. Claville (David William Claville), deceased
Via publication
William Bruce Barnwell, as potential heir to the Estate of Josephine Georgia Claville Barnwell
4908 Holly Bay Way, Unit 1
Orlando, FL 32829
All unknown parties that may have an interest in Parcel 136 and 722
Serve: Via Publication
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
U.S. Attorney's Office
U.S. Department of Justice
Middle District of Florida
400 North Tampa Street
Suite 3200
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:
FPID 255893 4 STATE ROAD 574 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 136
FEE SIMPLE RIGHT OF WAY
That part of property conveyed by warranty deed recorded in Official Record Book 20507, Page 1548, Official Record Book 9034, Page 389, and Official Record Book 495, Page 450, all of the Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the SW 1/4 of the NW 1/4 and the NW 1/4 of the SW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of said Section 6; thence South 89º51'27” East, along the north line of the SW 1/4 of said Section 6, a distance of 723.03 feet to the east line of property described in Official Record Book 22960, Page 1316, Public Records of Hillsborough County; thence South 00º19'04” East, 11.25 feet to the POINT OF BEGINNING; thence North 79º07'27” East, 681.83 feet to the east line of the SW 1/4 of the NW 1/4 of said Section 6; thence along the said east line, South 00º02'11” East, 95.66 feet to the north existing Maintained Right of Way line for State Road 574 (Dr. Martin Luther King Jr. Boulevard) depicted on the Florida Department of Transportation Maintenance Map Financial Project No. 255893 4, Section 10090-XXXX, as recorded in Survey and Location Map Book 3, Page 140, Public Records of Hillsborough County, Florida; thence along said north existing Maintained Right of Way line, South 79º29'07” West, 511.21 feet to a non-tangent curve concave southerly, having a radius of 3152.22 feet; thence continue along the north existing Maintained Right of Way line and along the arc of said non-tangent curve to the left through a central angle of 02°52'06”, an arc distance of 157.81 feet, said curve having a chord bearing and distance of South 78°03'04” West, 157.79 feet; thence continuing along the said north existing Maintained Right of Way line the following three courses: 1) North 03º20'59” West, 17.20 feet; 2) South 86º37'24” West, 10.28 feet; 3) South 03º20'59” East, 17.00 feet to a non-tangent curve concave southerly, having a radius of 3154.22 feet; thence continue along the said north existing Maintained Right of Way line and along the arc of said non-tangent curve to the left through a central angle of 00°02'04”, an arc distance of 1.89 feet, said curve having a chord bearing and distance of South 76°24'59” West, 1.89 feet to the east line of property described in said Official Record Book 22960, Page 1316; thence leaving said north existing Maintained Right of Way line and along said east line, North 00º19'04” West, 93.82 feet to the POINT OF BEGINNING.
Containing 1.438 acres, more or less.
FPID 255893 4 STATE ROAD 574 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 722
TEMPORARY CONSTRUCTION EASEMENT
PART “A”
That part of property conveyed by warranty deed recorded in Official Record Book 9034, Page 389, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of said Section 6; thence South 89º51'27” East, along the north line of the SW 1/4 of said Section 6, a distance of 780.89; thence North 79º07'27” East, 227.48 feet to the POINT OF BEGINNING; thence North 11º45'28” West, 9.90 feet; thence North 79º07'27” East, 40.16 feet; thence South 11º39'34” East, 9.90 feet; thence South 79º07'27” West, 40.14 feet to the POINT OF BEGINNING.
Containing 397 square feet, more or less.
AND
TEMPORARY CONSTRUCTION EASEMENT
PART “B”
That part of property conveyed by warranty deed recorded in Official Record Book 9034, Page 389, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of said Section 6; thence South 89º51'27” East, along the north line of the SW 1/4 of said Section 6, a distance of 780.89; thence North 79º07'27” East, 344.70 feet to the POINT OF BEGINNING; thence North 03º36'37” East, 14.15 feet; thence South 88º20'39” East, 56.00 feet; thence South 01º39'20” West, 1.59 feet; thence South 79º07'27” West, 57.86 feet to the POINT OF BEGINNING.
Containing 441 square feet, more or less.
AND
TEMPORARY CONSTRUCTION EASEMENT
PART “C”
That part of property conveyed by warranty deed recorded in Official Record Book 9034, Page 389, and Official Record Book 495, Page 450, both of the Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of said Section 6; thence South 89º51'27” East, along the north line of the SW 1/4 of said Section 6, a distance of 780.89; thence North 79º07'27” East, 425.15 feet to the POINT OF BEGINNING; thence North 11º16'24” West, 14.99 feet; thence North 79º07'27” East, 40.16 feet; thence South 11º10'30” East, 14.99 feet; thence South 79º07'27” West, 40.13 feet to the POINT OF BEGINNING.
Containing 602 square feet, more or less.
AND
TEMPORARY CONSTRUCTION EASEMENT
PART “D”
That part of property conveyed by warranty deed recorded in Official Record Book 495, Page 450, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the West 1/4 corner of said Section 6; thence South 89º51'27” East, along the north line of the SW 1/4 of said Section 6, a distance of 780.89; thence North 79º07'27” East, 583.67 feet to the POINT OF BEGINNING; thence North 10º53'05” West, 12.49 feet; thence North 79º07'27” East, 41.69 feet to the east line of the SW 1/4 of the NW 1/4 of said Section 6; thence along the said east line, South 00º02'11” East, 12.72 feet; thence South 79º07'27” West, 39.30 feet to the POINT OF BEGINNING.
Containing 506 square feet, more or less.
Parts “A”, “B”, “C” and “D” together contain 1,946 square feet, more or less.
The purpose for Parts “A”, “C”, and “D” are temporary construction easements for harmonization of the driveway connection to the remaining property area, and any work incidental to said activities in order that FDOT can clear the right of way, and to tie and harmonize said property with the new road improvements including ingress/egress.
The purpose for Part “B” is to conduct necessary activities for demolition/removal of the severed structure including the right to ingress/egress.
The temporary construction easements shall expire 5 years from date of order of taking or completion of the project, whichever occurs first.
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 the above-described property located in the State of Florida, County of Hillsborough. You are further notified that the Petitioner will apply to the Laurel M. Lee, one of the Judges of this Court on the 5th day of December, 2018, at 2:30 p.m., at the Edgecombe Courthouse, 800 Twiggs Street, Room 502, Tampa, Florida 33602 for an Order of Taking in this cause. All defendants to this suit 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.
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
on or before November 5, 2018, 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 3rd day of JULY 2018.
CLERK OF THE CIRCUIT COURT
BY: V Phillips
Deputy Clerk
July 20, 27, 2018 18-03100H