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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
Case No.: 2019 CA 2548
Division: G
Parcels 159 (A-F), 723,
726 (A-C), 728, 802
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION,
Petitioner, vs
RICHARD K. MCDANIEL a/k/a
RICHARD MCDANIEL; JULIE A. MCDANIEL a/k/a JULIE MCDANIEL; EQUICREDIT
CORPORATION OF AMERICA,
a Delaware Corporation, DONALD
W. LOCKE; FREDDIE FIGUEROA;
TAMI FIGUEROA; LEE ASKEW; JOSEPH A. COTHRON; CONNIE L.
COTHRON; CORY MCDANIEL;
JOHN DOE #1 AS TENANT; JANE DOE #1 AS TENANT; JOHN DOE #2 AS TENANT; JANE DOE #2 AS TENANT; AUCTIONS UNLIMITED OF FLORIDA, INC., a Florida Corporation; LADON'S TRANSPORT SERVICE, INC., a Florida Corporation; MCDANIEL AIR CONDITION, INC., A Florida Corporation; MCDANIEL SALES, LLC., a Florida limited liability
company; DOUG BELDEN, HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE ANY INTEREST IN PARCELS 159 (A-F), 723, 726 (A-C), 728, 802,
Defendants.
STATE OF FLORIDA TO:
All unknown parties that may have an interest in Parcel 159
Serve: Via Publication
Richard K. McDaniel, a/k/a Richard McDaniel
Serve: S. Cary Gaylord, Esquire, as
attorney
Gaylord, Merlin Ludovici & Diaz
5001 W. Cypress Street
Tampa, FL 33607-3803
Julie A. McDaniel, a/k/a Julie McDaniel
Serve: S. Cary Gaylord, Esquire, as
attorney
Gaylord, Merlin Ludovici & Diaz
5001 W. Cypress Street
Tampa, FL 33607-3803
EquiCredit Corporation of America, a Delaware corporation
Serve: C T Corporation System, as Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Donald W. Locke
3015 Shady Acres Road
Dover, FL 33527-4905
Freddie Figueroa
2968 Shady Acres Road
Dover, FL 33527
Tami Figueroa
2968 Shady Acres Road
Dover, FL 33527
Lee Askew
3031 Shady Acres Road
Dover, FL 33527-4905
Joseph A. Cothron
2922 Shady Acres Road
Dover, FL 33527
Connie L. Cothron
2922 Shady Acres Road
Dover, FL 33527
Cory McDaniel
Serve: Cory McDaniel
2917 McLeroy Place
Dover, FL 33527
John Doe #1 as tenant
2960 Shady Acres Rd.
Dover, FL 33527
Jane Doe #1 as tenant
2960 Shady Acres Rd.
Dover, FL 33527
John Doe #2 as tenant
12804 Dr. Martin Luther King Jr Blvd.
Dover, FL 33527
Jane Doe #2 as tenant
12804 Dr. Martin Luther King Jr Blvd.
Dover, FL 33527
Auctions Unlimited of Florida, Inc., a Florida corporation
Serve: Leah E. Brown, Registered Agent
3139 Bellflower Way
Lakeland, FL 33811
Ladon's Transport Service, Inc., a
Florida corporation
Serve: Ladon Catrett, Jr., as registered agent
1907 Roland Street
Seffner, FL 33584
McDaniel Air Condition, Inc., a Florida corporation
Serve: S. Cary Gaylord, Esquire
Gaylord, Merlin Ludovici & Diaz
5001 W. Cypress Street
Tampa, FL 33607-3803
McDaniel Sales, LLC, a Florida limited liability company
Serve: S. Cary Gaylord, Esquire
Gaylord, Merlin Ludovici & Diaz
5001 W. Cypress Street
Tampa, FL 33607-3803
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 159
FEE SIMPLE RIGHT OF WAY
PART “A”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 113, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet to a point on the east line of the SW 1/4 of the NW 1/4 of said Section 6 and the POINT OF BEGINNING; thence along said east line North 00º02'11” West, 5.02 feet; thence North 79º29'07” East, 38.64 feet to a point on the west line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence along said west line South 00º02'11” East, 100.68 feet to a point on the northerly existing Maintained Right of Way Line for State Road No. 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 northerly existing Maintained Right of Way Line, South 79º29'07” West, 38.64 feet to a point on the aforesaid east line of the SW 1/4 of the NW 1/4 of said Section 6; thence North 00º02'11” West, 95.66 feet to said POINT OF BEGINNING. Containing 3,826 square feet, more or less.
AND
FEE SIMPLE RIGHT OF WAY
PART “B”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 115, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet to a point on the east line of the SW 1/4 of the NW 1/4 of said Section 6; thence along said east line North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 201.36 feet to a point on the east line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6 and the POINT OF BEGINNING; thence continue North 79°29'07” East, 332.55 feet to a point on the east line of the east 327 feet of the west 525 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence along said east line, South 00°02'11” East, 92.25 feet to a point on the northerly existing Maintained Right of Way Line for State Road No. 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 northerly existing Maintained Right of Way line the following seven (7) courses: 1) South 80º10'41” West, 8.96 feet; 2) South 10º15'59” East, 1.66 feet; 3) South 79º42'38” West, 67.15 feet; 4) South 75º12'50” West, 120.84 feet; 5) South 79º29'07” West, 137.00 feet; 6) North 10º30'53” West, 2.00 feet; 7) South 79º29'07” West, 0.47 feet to a point on the aforesaid east line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence along said east line, North 00º02'11” West, 100.68 feet to said POINT OF BEGINNING.
Containing 0.743 acres, more or less.
AND
FEE SIMPLE RIGHT OF WAY
PART “C”
Part of the property conveyed by warranty deed in Official Record
Book 13271, Page 273, Public Records of Hillsborough County,
Florida, lying in the SE 1/4 of the NW 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 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00°02'11 West, 5.02 feet; thence North 79°29'07” East, 38.64 feet to a point on the west line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6 and the POINT OF BEGINNING; thence continue North 79°29'07” East, 162.71 feet to a point on the east line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence along said east line, South 00º02'11” East, 100.68 feet to a point on the northerly existing Maintained Right of Way Line for State Road No. 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 northerly existing Maintained Right of Way Line, South 79º29'07” West, 162.71 feet to a point on the aforesaid west line of the east 160 feet of the west 198 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence
North 00º02'11” West, 100.68 feet to said POINT OF BEGINNING.
Containing 16,109 square feet, more or less.
AND
FEE SIMPLE RIGHT OF WAY
PART “D”
Part of the property conveyed by warranty deed in Official Record
Book 10722, Page 1165, Public Records of Hillsborough County,
Florida, lying in the SE 1/4 of the NW 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 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00°02'11 West, 5.02 feet; thence North 79°29'07” East, 533.90 feet to a point on the east line of the east 327 feet of the west 525 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6 and the POINT OF BEGINNING; thence continue North 79°29'07” East, 134.56 feet to a point on the east line of the south 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4, less the west 525 feet and less the east 40 feet, of said Section 6; thence along said east line, South 00º10'54” West, 93.96 feet to a point on the northerly existing Maintained Right of Way Line for State Road No. 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 northerly existing Maintained Right of Way Line, South 80º10'41” West, 133.90 feet to a point on the aforesaid east line of the east 327 feet of the west 525 feet of the SW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence North 00º02'11” West, 92.25 feet to said POINT OF BEGINNING.
Containing 12,298 square feet, more or less.
AND
FEE SIMPLE RIGHT OF WAY
PART “E”
Part of the property conveyed by warranty deed in Official Record
Book 6727, Page 547, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 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 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00°02'11 West, 5.02 feet; thence North 79°29'07” East, 668.46 feet to a point on the east line of the south 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4, less the west 525 feet and less the east 40 feet, of said Section 6 and the POINT OF BEGINNING; thence continue North 79°29'07” East, 96.68 feet to a point on the east line of the west 55 feet of the SE 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence along said east line, South 00º10'54” West, 95.15 feet to a point on the northerly existing Maintained Right of Way Line for State Road No. 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 northerly existing Maintained Right of Way Line, South 80º10'41” West, 96.47 feet to a point on the aforesaid east line of the south 1/2 of the SW 1/4 of the SE 1/4 of the NW 1/4, less the west 525 feet and less the east 40 feet, of said Section 6; thence North 00º10'54” East, 93.96 feet to said POINT OF BEGINNING.
Containing 8,983 square feet, more or less.
AND
FEE SIMPLE RIGHT OF WAY
PART “F”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 113, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 653.20 feet; thence North 00°10'54” East, 101.08 feet; thence South 89°25'01” East, 4.82 feet; thence North 04°45'07” West, 56.00 feet; thence North 00°10'54” East, 141.75 feet; thence North 55°10'54” East, 54.93 feet; thence North 00°10'54” East, 56.18 feet; thence North 89°47'41” West, 25.00 feet; thence North 00°10'54” East, 282.06 feet to the POINT OF BEGINNING; thence North 89°49'06” West, 159.27 feet; thence North 15°02'44” East, 216.49 feet to a point on the north line of said property described in said Official Record Book 18272, Page 113; thence South 89°43'56” East, 138.73 feet to the northeast corner of the property described in said Official Record Book 18272, Page 113; thence South 00°10'54” West along the west line of the NE 1/4 of the SE 1/4 of the NW 1/4 of said Section 6 a distance of 209.04 feet; thence North 89°49'06” West, 35.00 feet to said POINT OF BEGINNING.
Containing 0.799 acres, more or less.
Parts “A”, “B”, “C”, “D”, “E” and “F” together contain 2.488 acres, more or less.
FPID 255893 4 STATE
ROAD 574 HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 723
TEMPORARY CONSTRUCTION EASEMENT
Part of the property conveyed by Official Record Book 13271, Page
273, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 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 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00°02'11 West, 5.02 feet; thence North 79°29'07” East, 86.19 feet to the POINT OF BEGINNING; thence North 10º34'30” West, 18.37 feet; thence North 79º29'07” East, 40.10 feet; thence South 10º30'53” East, 18.37 feet; thence South 79°29'07” West, 40.08 feet to said POINT OF BEGINNING.
Containing 737 square feet, more or less.
For the purpose of reestablishing and harmonizing the driveway with the remainder property at the edge of right of way. This easement shall expire five years from the date of Order of Taking or upon completion of the project, whichever occurs first.
FPID 255893 4 STATE
ROAD 574 HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 726
TEMPORARY CONSTRUCTION EASEMENT
PART “A”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 115, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 201.36 feet to the POINT OF BEGINNING; thence North 00º02'11” West, 14.58 feet; thence North 79º29'07” East, 37.27 feet; thence South 10º30'53” East, 14.34 feet; thence South 79º29'07” West, 39.92 feet to said POINT OF BEGINNING.
Containing 553 square feet, more or less.
For the purpose of reestablishing and harmonizing the driveway with the remainder property at the edge of right of way. This easement shall expire five years from the date of deposit of the Order of Taking or upon completion of the project, whichever occurs first.
AND
TEMPORARY CONSTRUCTION EASEMENT
PART “B”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 115, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 475.94 feet to the POINT OF BEGINNING; thence North 10º30'53” West, 8.90 feet; thence North 79º29'07” East, 46.00 feet; thence South 10º30'53” East, 8.90 feet; thence South 79º29'07” West, 46.00 feet to said POINT OF BEGINNING.
Containing 409 square feet, more or less.
For the purpose of reestablishing and harmonizing the driveway with the remainder property at the edge of right of way. This easement shall expire five years from the date of deposit of the Order of Taking or upon completion of the project, whichever occurs first.
AND
TEMPORARY CONSTRUCTION EASEMENT
PART “C”
Part of the property conveyed by quitclaim deed in Official Record
Book 18272, Page 115, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 325.95 feet to the POINT OF BEGINNING; thence North 10º30'53” West, 80.00 feet; thence North 79º29'07” East, 152.00 feet; thence South 10º30'53” East, 71.10 feet; thence South 79º29'07” West, 2.00 feet; thence South 10°30'53” East, 8.90 feet; thence South 79°29'07” West, 150.00 feet to said POINT OF BEGINNING.
Containing 12,142 square feet, more or less.
For the purpose of cutting, refacing, and modifying building improvements partially located outside the property acquired by
Grantee, including any work incidental to these activities to clear the right of way and harmonize the property with construction to be undertaken by Grantee. Grantee shall enjoy the non-exclusive rights to ingress, egress, occupy, possess, stage equipment, and control the property stated above. This easement shall expire five years from the date of recordation, or in the alternative, upon completion of the Grantee's project, whichever occurs first.
Parts “A”, “B” and “C” together containing 13,104 square feet, more or less.
FPID 2558934 STATE
ROAD 574 HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 728
TEMPORARY CONSTRUCTION EASEMENT
Part of the property conveyed by general warranty deed in Official
Record Book 24262, Page 522, Public Records of Hillsborough County, Florida, lying in the SE 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00°02'11 West, 5.02 feet; thence North 79°29'07” East, 688.81 feet to the POINT OF BEGINNING; thence North 00°10'54” East, 41.74 feet; thence North 89º59'34” East, 75.00 feet; thence South 00º10'54” West, 27.82 feet; thence South 79º29'07” West, 76.33 feet to said POINT OF BEGINNING.
Containing 2,608 square feet, more or less.
For the purpose of cutting, refacing, and modifying building improvements partially located outside the property acquired by Grantee, including any work incidental to these activities to clear the right of way and harmonize the property with construction to be undertaken by the Grantee. Grantee shall enjoy the non-exclusive right to ingress, egress, occupy, possess, stage equipment and control the property for the purpose stated above. This easement shall expire five (5) years from the date of recordation, or in the alternative, upon completion of the Grantee's project, whichever occurs first.
FPID 255893 4 STATE
ROAD 574 HILLSBOROUGH
COUNTY DESCRIPTION
PARCEL 802
PERPETUAL EASEMENT
Part of the SE 1/4 of the NW 1/4 of Section 6, Township 29 South,
Range 21 East, Hillsborough County, Florida, being more particularly described as follows:
Commence at a Parker-Kalon nail & disk stamped “PLS 2347” at the West 1/4 corner of Section 6, Township 29 South, Range 21 East, Hillsborough County, Florida; thence South 89º51'27” East along the north line of the SW 1/4 of said Section 6 a distance of 780.89 feet; thence, leaving said north line, North 79º07'27” East, 622.97 feet; thence North 00º02'11” West, 5.02 feet; thence North 79°29'07” East, 653.20 feet to a point on the west line of a 15 foot wide ingress-egress easement described in Official Record Book 6727, Page 547, Public Records of Hillsborough County, Florida, said point also being the POINT OF BEGINNING; thence North 00°10'54” East along said west line 101.08 feet to a point on the south line of the property described as being “LESS AND EXCEPT” in a warranty deed recorded in Official Record Book 10864, Page 1767, also being a point on the south line of the property described in a quitclaim deed recorded in Official Record Book 19787, Page 1615, both of the Public Records of Hillsborough County, Florida; thence South 89°25'01” East, 4.82 feet to the southeast corner of aforesaid “LESS AND EXCEPT” property described in said Official Record Book 10864, Page 1767, also being the southeast corner of said property described in said Official Record Book 19787, Page 1615; thence North 04°45'07” West along the east line of aforesaid “LESS AND EXCEPT” property described in said Official Record Book 10864, Page 1767, also being the east line of said property described in said Official Record Book 19787, Page 1615, a distance of 56.00 feet to a point on the aforesaid west line of a 15 foot wide ingress-egress easement described in said Official Record Book 6727, Page 547; thence North 00°10'54” East along said west line and the northerly extension thereof, a distance of 141.75 feet; thence North 55°10'54” East, 54.93 feet; thence North 00°10'54” East, 56.18 feet; thence North 89°47'41” West, 25.00 feet; thence North 00°10'54” East, 35.00 feet to a point on the south line of the NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence continue North 00°10'54” East, 247.06 feet; thence South 89°49'06” East, 35.00 feet to a point on the east line of the NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence South 00°10'54” West, 247.08 feet to the southeast corner of the said NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 6; thence South 89°47'41” East along the north line of the SE 1/4 of the SE 1/4 of the NW 1/4 of said Section 6 a distance of 25.00 feet;, thence South 00°10'54” West, 109.39 feet; thence South 55°10'54” West, 54.93 feet to a point on the west line of a 20 foot wide ingress-egress easement described in Official Record Book 10864, Page 1767; thence along said west line South 00°10'54” West, 273.75 feet; thence South 79º29'07” West, 35.62 feet to said POINT OF BEGINNING.
Containing 0.570 acres, more or less.
For the purpose of constructing and maintaining storm water conveyance facilities including, but not limited to, pipes and swales and associated drainage structures depicted in the construction plans admitted into evidence at the order of taking. This easement includes the non-exclusive right to ingress and egress over the surface of the easement area and the right to use and occupy the surface of the easement area to perform clearing, excavating, construction and maintenance activities. Should maintenance of the constructed features require entry upon and over the surface of the easement area, the surface will be restored to the same or similar condition as existed prior to the maintenance activity, with the exception that any vertical building improvements placed upon the easement including any mature trees exceeding eight (8) inches at breast height will not be replaced. This provision is intended to address only restoration of those site improvements deemed to be “minor” landscaping, asphalt, sidewalk and similar appurtenances. Grantee reserves all rights to use of the property, in a manner not inconsistent with the purpose of this easement.
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 Martha J. Cook of the Judges of this Court on the 15th day of July, 2019, at 11:00am, at the Edgecombe Courthouse, 800 E. Twiggs St., Tampa, Florida 33602, Room 511 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 14, 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.
WITNESS MY HAND AND SEAL of said Court on the 19th day of March, 2019.
CLERK OF THE CIRCUIT COURT
BY: V Phillips
Deputy Clerk
March 22, 29, 2019 19-01452H