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NOTICE OF ACTION
NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 2019 CA 002213
Division: F
STATE OF FLORIDA
DEPARTMENT OF
TRANSPORTATION,
Petitioner, vs
S & S JOINT VENTURES, INC.,
A Florida Corporation; S & S
DIRECTIONAL BORING
AND CABLE CONTRACTORS, INC., A Florida Corporation;
DOUG BELDEN, HILLSBOROUGH COUNTY TAX COLLECTOR; TD BANK N.A., A National Banking Association; and ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 122,
Defendants.
STATE OF FLORIDA TO:
All unknown parties that may have an interest in Parcel 122 Via Publication
S & S Joint Ventures, Inc., a Florida corporation
Serve: Lorena Ludovici, Esq., as attorney
Gaylord Merlin Ludovici & Diaz
5001 West Cypress Street
Tampa, FL 33607
S & S Directional Boring and Cable Contractors, Inc., a Florida corporation
Serve: Lorena Ludovici, Esq., as attorney
Gaylord Merlin Ludovici & Diaz
5001 West Cypress Street
Tampa, FL 33607
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
TD Bank, N.A., a national banking association
Serve: United States Corporation Company, as registered agent
1201 Hays Street
Tallahassee, FL 32301-2525
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 122
FEE SIMPLE RIGHT OF WAY
That part of property conveyed in Official Record Book 10526, Page 1495, Public Records of Hillsborough County, Florida, lying in the NW 1/4 of the SE 1/4 of Section 1, Township 29 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at the Center of said Section 1; thence South 00°05'42” East, along the west line of the SE 1/4 of said Section 1, a distance of 801.15 feet to the State Road 574 (Dr. Martin Luther King Jr. Boulevard) Survey Line at Station 429+92.72 per the Florida Department of Transportation Right of Way Map, Financial Project Number 255893 4; thence along said State Road 574 Survey Line, North 79°35'24” East, 540.77 feet to Station 435+33.49; thence continuing along the said State Road 574 Survey Line, North 79°31'19” East, 803.45 feet to Station 443+36.94 and the east line of the NW 1/4 of the SE 1/4 of said Section 1; thence leaving said Survey Line, North 00°12'23” West, along the said east line, 34.75 feet to the north existing Maintained Right of Way line for said 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 along the said north existing Maintained Right of Way line, South 79°54'56” West, 143.15 feet; thence continuing along the said north existing Maintained Right of Way line, South 79°06'34” West, 22.87 feet to the west line of the East 163.50 feet of the NW 1/4 of the SE 1/4 of said Section 1, also being the west line of the East 2.00 feet of the West 150.00 feet of the East 311.50 feet of the NW 1/4 of the SE 1/4 of said Section 1; thence along said west line, North 00°12'23” West, 80.33 feet; thence leaving said west line, North 79°07'27” East, 166.38 feet to the east line of the NW 1/4 of the SE 1/4 of said Section 1; thence along said east line, South 00°12'23” East, 82.34 feet to the POINT OF BEGINNING.
Containing 13,275 square feet, more or less.
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 Richard A. Nielsen of the Judges of this Court on the 9th day of July, 2019, at 10:30am , at the Edgecomb Courthouse, 800 E. Twiggs St., Tampa, Florida, Room 526, 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 Rodney Wade
(813) 975-6485
Florida Bar No.: 0374091
[email protected]
[email protected]
on or before June 7, 2019, 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.
CLERK OF THE CIRCUIT COURT
BY: Deputy Clerk
State of Florida,
Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
c/o Rodney Wade
(813) 975-6485
Florida Bar No.: 0374091
[email protected]
[email protected]
April 5, 12, 2019 19-01662H