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NOTICE TO SHOW CAUSE
AND
NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL DISTRICT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL ACTION NO.: 22-CA-006216
PARCELS: 136/706
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
FIRST GROUP, INC, a Florida Corporation; MAJEC REALTY HOLDINGS, LLC, a Florida
Limited Liability Company; DANIELSON, LTD, a Florida Limited Partnership as tenants in common; FIRST FOUNDATION BANK, a Banking Corporation,
f/k/a First Florida Integrity Bank; DEX IMAGING, LLC, a Florida Limited Liability Company; HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN
PARCELS 136/706,
Defendants.
STATE OF FLORIDA TO:
First Group, Inc., a Florida Corporation
By Serving: Lisa Smithson, Registered Agent
1901 Ulmerton Road, Suite 750
The Tides at Feather Sound
Clearwater, FL 33762
Majec Realty Holdings, LLC, a Florida Limited Liability Company
By Serving: Edward C. Carter, Esquire, Registered Agent
3204 7th Avenue
Tampa, FL 33605
Danielson, Ltd, a Florida Limited Partnership as tenants in common
By Serving: Lisa Smithson, Registered Agent
1901 Ulmerton Road, Suite 750
The Tides at Feather Sound
Clearwater, FL 33762
First Foundation Bank, a Banking Corporation, f/b/a First Florida Integrity Bank
By Serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
DEX Imaging, LLC, a Florida Limited Liability Company
By Serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Hillsborough County Tax Collector
By Serving:
Nancy C. Millan, or her designee
601 East Kennedy Blvd.
14th Floor County Center
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:
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 136
FEE SIMPLE RIGHT OF WAY
A portion of Lots B, C and D, HANKIN'S & ZINN'S RE-SUBDIVISION OF LOT 1 - BLOCK 29 OF TAMPANIA, as recorded in Plat Book 12, Page 98, together with a portion of O'Brien Street (Harper Street by Plat), vacated by City of Tampa Ordinance Number 7199-A, recorded in Official Record Book 3525, Page 1565, Public Records of Hillsborough County, Florida; lying in the Northwest 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 3/4” Iron Pipe with no identification marking the Northeast corner of Lot B, HANKIN'S & ZINN'S RE-SUBDIVISION OF LOT 1 - BLOCK 29 OF TAMPANIA, as recorded in Plat Book 12, Page 98, Public Records of Hillsborough County, Florida; thence S89°48'24”W, along the North line of said Lot B, 103.84 feet to the POINT OF BEGINNING; thence S31°56'12”E, 63.71 feet; thence S58°03'48”W, 4.00 feet; thence S31°56'12”E, 60.82 feet; thence S58°03'48”W, 4.00 feet; thence S31°56'12”E, 64.01 feet; thence N58°03'48”E, 4.00 feet to a point on a curve concave Northeasterly having a central angle of 49°59'05”, a radius of 91.42 feet and a chord bearing and distance of S56°25'44”E, 75.80 feet; thence Southeasterly along said curve 78.16 feet; thence S00°50'36”w, 2.52 feet to the South line of O'Brien Street (Harper Street by Plat), vacated by City of Tampa Ordinance Number 7199-A, recorded in Official Record Book 3525, Page 1565, Public Records of Hillsborough County, Florida; thence N89°42'20”W, along said South line, 56.79 feet to the Southeast corner of said Lot B; thence N89°33'39”W, along the South line of said Lot B, 74.99 feet to the beginning of a curve concave Northeasterly having a central angle of 58°38'17”, a radius of 30.00 feet and a chord bearing and distance of N62°06'07”W, 29.38 feet; thence Northwesterly along said curve 30.70 feet to a point on the existing Easterly right of way line of East Frontage Road per Florida Department of Transportation Right of Way Map Section 10270-2507; thence N32°48'51”W, along said Easterly right of way line, 228.86 feet to the North line of Lot D, said HANKIN'S & ZINN'S RE-SUBDIVISION OF LOT 1 - BLOCK 29 OF TAMPANIA; thence S89°48'24”E, along the North line of said Lots D and B, 122.31 feet to the said POINT OF BEGINNING.
Containing 0.554 acres, more or less.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 706
TEMPORARY CONSTRUCTION EASEMENT
A portion of Lots B, HANKIN'S & ZINN'S RE-SUBDIVISION OF LOT 1 - BLOCK 29 OF TAMPANIA, as recorded in Plat Book 12, Page 98, Public Records of Hillsborough County, Florida; lying in the Northwest 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 3/4” Iron Pipe with no identification marking the Northeast corner of Lot B, HANKIN'S & ZINN'S RE-SUBDIVISION OF LOT 1 - BLOCK 29 OF TAMPANIA, as recorded in Plat Book 12, Page 98, Public Records of Hillsborough County, Florida; thence N89°48'24”W, along the North line of said Lot B, 103.84 feet to the POINT OF BEGINNING; thence S31°56'12”E, 23.66 feet; thence S88°48'48”E, 50.89 feet; thence N00°11'36”E, 20.92 feet to said North line of Lot B; thence N89°48'24”W, along the North line of said Lot B, 63.46 feet to the said POINT OF BEGINNING
Containing 1,168 square feet, more or less.
The purpose of this easement is for the reestablishing and harmonizing a ditch/canal between the remainder parcel and the edge of the right of way.
This easement shall expire 5 years from date of Order of Taking or completion of 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 Petition will apply to Honorable Paul L. Huey one of the Judges of this Court on the 10th day of October, 2022, at 3:30 p.m., at 800 E. Twiggs St. - Edgecomb Courthouse, Tampa, Florida 33602, Courtroom 506, for an Order of Taking in this cause - to be held remotely via Zoom. All respondents to this suit may request a hearing at the time ad 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 required to serve written defenses, if any, and request a hearing, if desired, to said petition on:
Jay W. Small,
Florida Bar No.: 562890
[email protected]
[email protected]
Joseph K. Fabbi
Florida Bar No.: 1022503
[email protected]
[email protected]
Mateer &Harbert, P.A.
225 E. Robinson St., Suite 600
Orlando, Florida 32801-4334
Telephone: (407) 425-9044
Attorney for Petitioner
Mateer &Harbert, P.A.
225 E. Robinson St., Suite 600
Orlando, Florida 32801-4334
Telephone: (407) 425-9044
Attorney for Petitioner
Jennifer M. Mott,
Florida Bar No.: 071995
[email protected]
[email protected]
[email protected]
Assistant General Counsel
Florida Department of
Transportation
Office of the General Counsel
11201 N. McKinley Drive
Tampa, Florida 33612
Telephone: (813) 975-6044
Attorney for Petitioner
on or before September 20, 2022, 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 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 ON SAID Court on the 08/16/2022.
CINDY STUART
CLERK OF THE CIRCUIT COURT
(SEAL) BY: /s/ V Phillips
Deputy Clerk
The Court's Zoom Information
URL:
https://zoom.us/j/7196320493
MEETING ID: 719-632-0493
VIA PHONE CALL:
1-786-635-1003 or 1-470-381-2552
Use same meeting ID number referenced above.
4890-5744-6956, v. 1
Aug. 26; Sept. 2, 2022 22-02758H