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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Case No.: 21-CA-008774
PEOPLES GAS SYSTEM, a division of Tampa Electric Company, a Florida profit corporation,
Petitioner, v.
GOLD BOND BUILDING PRODUCTS, LLC, a Delaware limited liability company,
NANCY C. MILLAN, HILLSBOROUGH COUNTY TAX COLLECTOR, or her designee, and each of their assignees, grantees
creditors, lessees, executors, administrators, mortgagees, judgment creditors, trustees,
lienholders, persons in possession, and any and all other persons having or claiming to have any right, title or interest by, through, under or
against the above-named Respondents, or otherwise claiming any right, title or interest in the real property described in this action.
Respondents.
TO ALL SAID RESPONDENTS named in Petition Exhibit 4 attached hereto and incorporated herein below and Respondents who are living, and if any or all respondents are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased respondent or respondents, 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 respondent or respondents, 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:
Legal Description - 50' PGS Permanent Pipeline Easement
A 50' permanent easement, being a parcel of land lying and being in Northeast 1/4 of Section 10, Township 31 South, Range 19 East, Hillsborough County, Florida; Being more particularly described as follows:
Commencing at a 5/8” iron rod found for the Northwest Corner of the Northeast 1/4 of said Section 10; Thence along the West line of the Northeast 1/4 thereof, S 00°44'51” E, a distance of 767.09 feet to a found 4” x 4” concrete monument with disc stamped LB 021 in the southerly right-of-way line of Pembroke Road, (100' right-of-way) and the POINT OF BEGINNING of this description;
THENCE N 69°40'06” E along a northwesterly line of lands of National Gypsum Company as recorded in Official Records Book 10050, Page 92, Official Records Book 10050, Page 95, Official Records Book 10464, Page 1179, Official Records Book 10464, Page 1192, a distance of 646.89 feet to a 5/8” iron rod found for corner; THENCE S 89°27'27” E, along the northerly line of said National Gypsum Company lands, a distance of 140.32; THENCE S 69°40'06” W, a
distance of 743.69 feet; THENCE S 00°44'51” W, a distance of 525.26 feet; THENCE N 89°45'23” W, a distance of 50.00 feet to the westerly line of said Northeast 1/4 of section 10; THENCE N 00°44'51” E, a distance of 560.02 feet to the POINT OF BEGINNING.
Legal Description - 50' Temporary Construction Easement
A 50' temporary construction easement, being a parcel of land lying and being in Northeast 1/4 of Section 10, Township 31 South, Range 19 East, Hillsborough County, Florida; Being more particularly described as follows:
Commencing at a 5/8” iron rod found for the Northwest Corner of the Northeast 1/4 of said Section 10; Thence along the West line of the Northeast 1/4 thereof, S 00°44'51” E, a distance of 767.09 feet to a found 4” x 4” concrete monument with disc stamped LB 021 in the southerly right-of-way line of Pembroke Road, (100' right-of-way); THENCE N 69°40'06” E along a northwesterly line of lands of National Gypsum Company as recorded in Official Records Book 10050, Page 92, Official Records Book 10050, Page 95, Official Records Book 10464, Page 1179, Official Records Book 10464, Page 1192, a distance of 646.89 feet to a 5/8” iron rod found for corner; THENCE S 89°27'27” E, along the northerly line of said National Gypsum Company lands, a distance of 140.32 feet to the POINT OF BEGINNING of this description; THENCE continue, S 89°27'27” E, a distance of 140.32 feet; THENCE S 69°40'06” W, a distance of 840.49 feet; THENCE S 00°44'51” W, a distance of 490.51 feet; THENCE N
89°45'23” W, a distance of 50.00 feet to the westerly line of said Northeast 1/4 of section 10; THENCE N 00°44'51” E, a distance of 525.26 feet; THENCE N 69°40'06” E, a distance of 743.69 feet to the POINT OF BEGINNING.
PETITION EXHIBIT 4
Gold Bond Building Products, LLC
Ownership Interest
Instrument No. 2021281414, Public Records of Hillsborough County, Florida
Hillsborough County Tax Collector
Nancy C. Millan
As to Interest in any parcel named herein
You are each notified that the Petitioner filed its Petition and its Declaration of Taking in this Court against you as Respondents, seeking to condemn by eminent domain proceedings the above-described property located in the State of Florida, County of Hillsborough.
You are hereby further notified that the Petitioner will apply for an Order of Taking and any other order the court deems proper before The Honorable Paul L. Huey, one of the Judges of this Court, on January 19, 2022 at 3:30 p.m., at 800 E. Twiggs Street, Rm. 506, Tampa, Florida 33602.
Time Reserved: 1.5 hours.
All Respondents in this action 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 respondent is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petitioner at:
PEOPLES GAS SYSTEM,
A division of Tampa Electric
Company,
c/o MEGAN PROULX DEMPSEY, ESQUIRE
SHUMAKER, LOOP &
KENDRICK, LLP
101 East Kennedy Boulevard,
Suite 2800
Tampa, Florida 33602
On or before thirty (30) days of the date of this publication and file the originals with the Clerk of this Court on or before that date, to show what right, title, interest or lien you or any of you have, if any, and 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.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
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 Court's 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 11/09/2021.
CINDY STUART
CLERK OF THE CIRCUIT COURT
(SEAL) By: V. Phillips
Deputy Clerk
MEGAN PROULX DEMPSEY,
ESQUIRE
SHUMAKER, LOOP
& KENDRICK, LLP
101 East Kennedy Boulevard, Suite 2800
Tampa, Florida 33602
16539059v1
November 19, 26, 2021 21-03594H