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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: 19-CA-005349
PARCEL: 729
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner, -vs-
ELIZABETH G. HUGHES; FIRST CITRUS BANK, a Florida Corporation; ALL ABOUT ANIMALS, INC., a Florida Corporation; DOUG BELDEN,
HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY
HAVE AN INTEREST IN PARCEL 729,
Defendants.
STATE OF FLORIDA TO:
Elizabeth G. Hughes
Serve: Jo Ann Palchak, Esq., as attorney
The Law Office of Jo Ann Palchak, P.A.
1725 ½ E. 7th Ave., Suite 6
Tampa, FL 33605
First Citrus Bank, a Florida corporation
Serve: John T. Linton, as registered agent
10824 N. Dale Mabry Hwy.
Tampa, FL 33618
All About Animals, Inc., a Florida corporation
Serve: Jo Ann Palchak, Esq., as attorney
The Law Office of Jo Ann Palchak, P.A.
1725 ½ E. 7th Ave., Suite 6
Tampa, FL 33605
All unknown parties that may have an interest in Parcel 729
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
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 729 TEMPORARY CONSTRUCTION EASEMENT
That part of property conveyed by warranty deed recorded in Official Record Book 22826, Page 1195, Public Records of Hillsborough County, Florida, lying in the NE 1/4 of the SE 1/4 of Section 2, Township 29 South, Range 20 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a 5/8” diameter iron rod (no cap) in an asphalt cutout at the southwest corner of the SE 1/4 of Section 2, Township 29 South, Range 20 East, Hillsborough County, Florida; thence along the west line of the SE 1/4 of said Section 2, North 00°02'47” East, 425.60 feet to the State Road 574 (Dr. Martin Luther King Jr. Boulevard) Survey Line, per the Florida Department of Transportation Right of Way Control Survey, Work Program Item Segment 255893 1; thence along said State Road 574 Survey Line North 67°11'30” East, 1852.95 feet to a tangent curve concave southerly having a radius of 2022.20 feet; thence continue along said Survey Line and the arc of said tangent curve to the right 141.86 feet through a central angle of 04°01'09”, said curve having a chord bearing North 69°12'04” East, 141.83 feet; thence leaving said Survey Line, North 00°05'54” East, 33.32 feet to a point on the northerly existing State Road 574 Maintained Right of Way line 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; also being a point on the West line of Lot 11, Block 1 of F. P. SEFFNER'S ADDITION TO SEFFNER, Plat Book 1, Page 22, Public Records of Hillsborough County, Florida, and a non-tangent curve concave southerly having a radius of 2179.24 feet; thence along said northerly existing Maintained Right of Way line and the arc of said non-tangent curve to the right 21.13 feet through a central angle of 00°33'20”, said curve having a chord bearing North 71°14'17” East, 21.13 feet to a point on the east line of the west 20.00 feet of said Lot 11; thence along said east line, North 00°05'54” East, 66.61 feet to a non-tangent curve
concave southerly having a radius of 3177.00 feet; thence along the arc of said non-tangent curve to the right 106.52 feet through a
central angle of 01°55'16”, said curve having a chord bearing North 72°22'38” East, 106.52 feet to the POINT OF BEGINNING; thence North 15°18'26” West, 16.20 feet; thence North 13°49'33” East, 29.82 feet; thence North 75°12'17” East, 48.74; thence South 14°05'15” East, 40.96 feet to a non-tangent curve concave southerly having a
radius of 3177.00 feet; thence along the arc of said non-tangent
curve to the left 62.39 feet through a central angle of 01°07'31”, said curve having a chord bearing South 73°54'03” West, 62.39 feet to said POINT OF BEGINNING.
Containing 2,421 square feet, more or less.
The purpose of this easement is for the reestablishing and harmonizing of 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 Cheryl K. Thomas, one of the Judges of the Court on the 21st day of October, 2019, 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 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 September 21, 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. 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 12TH day of July, 2019.
CLERK OF THE CIRCUIT COURT
BY: Sylvia Young
Deputy Clerk
July 19, 26, 2019 19-03493H