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ALIAS NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE THIRTEENTH JUDICIAL CIRCUIT COURT OF FLORIDA
IN AND FOR THE COUNTY OF HILLSBOROUGH
CASE NO: 18-CA-005142
PARCELS: 108/704
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
AMERICAN III, LLC, A FLORIDA LIMITED LIABILITY COMPANY; WELLS FARGO BANK, N.A., AS SUCCESSOR IN INTEREST TO SOUTHTRUST BANK, AN ALABAMA STATE CHARTERED BANK; CENTENNIAL BANK, AN ARKANSAS CORPORATION;
AMERICAN TOWING AND TRANSPORT, LLC, A FLORIDA LIMITED LIABILITY COMPANY; DOUG BELDEN, HILLSBOROUGH COUNTY TAX COLLECTOR AND ALL UNKNOWN PARTIES THAT
MAY HAVE AN INTEREST IN PARCELS 108/704,
Defendants.
STATE OF FLORIDA TO:
American III, LLC, a Florida limited liability company
Serve: Jim Helinger Jr., as Attorney
4756 Central Avenue
St. Petersburg, Florida 33711
Wells Fargo Bank, N.A., as successor in interest to SouthTrust Bank, an Alabama state chartered bank
Serve: Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
Centennial Bank, an Arkansas corporation
Serve: Tracy French, as President
620 Chestnut Street
Conway, AR 72032
American Towing and Transport, LLC, a Florida limited liability company
Serve: Jim Helinger Jr., as Attorney
4756 Central Avenue
St. Petersburg, Florida 33711
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:
FPID 255893 4
STATE ROAD 574
HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 108
FEE SIMPLE RIGHT OF WAY
That part of property conveyed by warranty deed recorded in Official Record Book 20285, Page 802, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a 3” diameter iron pipe with a 5/8” diameter iron rod (no cap) inside at the Southwest corner of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida; thence North 00º11'15” East along the west line of the SW 1/4 of said Section 1 a distance of 1374.98 feet to the State Road 574 (Dr. Martin Luther King Jr. Boulevard) Survey Line at Station 403+03.17, per the Florida Department of Transportation Right of Way Map, Financial Project Number 255893 4; thence along said State Road 574 Survey Line, North 79º35'24” East, 390.89 feet to Station 406+94.06; thence North 00º11'15” East, 26.22 feet to a point on the north existing Maintained Right of Way line for State Road 574 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, and the POINT OF BEGINNING; thence North 00º11'15” East, 89.75 feet along the West line of property described in Official Record Book 20285, Page 802, Public Records of Hillsborough County, Florida, also being the East line of property described in Official Record Book 9861, Page 1563, Public Records of Hillsborough County, Florida, as determined by occupation; thence North 79º35'24” East, 188.21 feet to the East line of property described in said Official Record Book 20285, Page 802, also being the West line of property described in Official Record Book 8753, Page 1945, Public Records of Hillsborough County, Florida, as determined by occupation; thence along said line, South 00º11'15” West, 90.25 feet to a point on the said north existing Maintained Right of Way line; thence along said north existing Maintained Right of Way line, South 80º07'29” West, 87.01 feet; thence continuing along said north existing Maintained Right of Way line, South 79º24'24” West, 101.11 feet to said POINT OF BEGINNING.
Containing 16,595 square feet, more or less.
FPID 255893 4
STATE ROAD 574
HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 704
PART “A”
TEMPORARY CONSTRUCTION EASEMENT
That part of property conveyed by warranty deed recorded in Official Record Book 20285, Page 802, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a 3” diameter iron pipe with a 5/8” diameter iron rod (no cap) inside at the Southwest corner of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida; thence North 00º11'15” East along the west line of the SW 1/4 of said Section 1 a distance of 1374.98 feet to the State Road 574 (Dr. Martin Luther King Jr. Boulevard) Survey Line at Station 403+03.17, per the Florida Department of Transportation Right of Way Map, Financial Project Number 255893 4; thence along said State Road 574 Survey Line, North 79º35'24” East, 390.89 feet to Station 406+94.06; thence North 00º11'15” East, 115.97 feet; thence North 79º35'24” East, 57.83 feet to the POINT OF BEGINNING; thence North 10º24'36” West, 19.81 feet; thence North 79º35'24” East, 34.00 feet; thence South 10º24'36” East, 19.81 feet; thence South 79º35'24” West, 34.00 feet to said POINT OF BEGINNING.
Containing 673 square feet, more or less.
AND
PART “B”
TEMPORARY CONSTRUCTION EASEMENT
That part of property conveyed by warranty deed recorded in Official Record Book 20285, Page 802, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SW 1/4 of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a 3” diameter iron pipe with a 5/8” diameter iron rod (no cap) inside at the Southwest corner of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida; thence North 00º11'15” East along the west line of the SW 1/4 of said Section 1 a distance of 1374.98 feet to the State Road 574 (Dr. Martin Luther King Jr. Boulevard) Survey Line at Station 403+03.17, per the Florida Department of Transportation Right of Way Map, Financial Project Number 255893 4; thence along said State Road 574 Survey Line, North 79º35'24” East, 390.89 feet to Station 406+94.06; thence North 00º11'15” East, 115.97 feet; thence North 79º35'24” East, 139.73 feet to the POINT OF BEGINNING; thence North 10º24'36” West, 14.68 feet; thence North 79º35'24” East, 51.23 feet; thence South 00º11'15” West, 14.94 feet; thence South 79º35'24” West, 48.48 feet to said POINT OF BEGINNING.
Containing 732 square feet, more or less.
Parts “A” and “B” together containing 1,405 square feet, more or less.
PURPOSE: A temporary construction easement for the purpose of reestablishing and harmonizing a driveway with the remainder property and the edge of the 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.
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 Honorable Robert A. Foster Jr, one of the Judges of this Court on the 24th day of September, 2018, at 10:30 a.m. through 11:30 a.m., at the Edgecombe Courthouse, 800 Twiggs Street, Room 508, 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 Christopher K. Vogel
(813) 975-6099
Florida Bar No.: 343412
[email protected]
[email protected]
on or before August 3, 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. Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St., Room 604, Tampa, Florida 33602, (813) 272-7040, 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 of said Court on the 11th day of JULY 2018.
CLERK OF THE CIRCUIT COURT
BY: Lisa Mangual
Deputy Clerk
July 20, 27, 2018 18-03143H