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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:
2022-CA-006214
PARCEL: 117
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION,
Petitioner, -vs-
FAIRWAY CYPRESS IV OWNER, LLC, f/k/a AG-EREP CYPRESS IV OWNER, LLC, a Florida Limited Liability Company; FAIRWAY CYPRESS II OWNER, LLC, f/k/a AG-EREP CYPRESS II OWNER, LLC, a Delaware Limited Liability
Company, as successor interest to Cypress Center I Joint Venture, a New York General Partnership;
OUTFRONT MEDIA, LLC, a Delaware Limited Liability Company; HILLSBOROUGH COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST
IN PARCEL 117,
Defendants.
STATE OF FLORIDA TO:
FAIRWAY CYPRESS IV OWNER, LLC, f/k/a AG-EREP CYPRESS IV OWNER, LLC, a Florida Limited Liability Company
By Serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
FAIRWAY CYPRESS II OWNER, LLC, f/k/a AG-EREP CYPRESS II OWNER, LLC, a Delaware Limited Liability Company, as successor interest to Cypress Center I Joint Venture, a New York General Partnership
By Serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
OUTFRONT MEDIA, LLC, a Delaware Limited Liability Company;
By Serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301-2525
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 Amended Petition to wit:
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 117
FEE SIMPLE LIMITED ACCESS RIGHT OF WAY
A portion of Lot 2, Block 26, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the Northeast 1/4 of Section 19, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 1/2” Iron Pipe with no identification marking the Southwest corner of Lot 1, Block 4, WEST SHORE EXECUTIVE PARK UNIT NO. 1, as recorded in Plat Book 42, Page 12, Public Records of Hillsborough County, Florida; thence S01°08'00”W, along the East line of Lots 2 and 3, said Block 4, a distance of 405.89 feet to the POINT OF BEGINNING; said point being on a curve concave Northwesterly having a central angle of 01°01'38”, a radius of 13520.67 feet and a chord bearing and distance of N65°58'57”E, 242.41 feet; thence Northeasterly along said curve 242.41 feet to a point of compound curvature of a curve concave Northwesterly having a central angle of 04°47'18”, a radius of 2341.67 feet and a chord bearing and distance of N63°04'29”E, 195.64 feet; thence Northeasterly along said curve 195.70 feet to a point of compound curvature of a curve concave Northwesterly having a central angle of 13°25'22”, a radius of 543.67 feet and a chord bearing and distance of N53°58'09”E, 127.08 feet; thence Northeasterly along said curve 127.37 feet to a point on the existing Northerly Limited Access Right of Way line of Interstate 275 (State Road 93)per Florida Department of Transportation Right of Way Map WPIS 258398 1; said point being on a curve concave Northwesterly having a central angle of 18°55'41”, a radius of 631.85 feet and a chord bearing and distance of S43°40'53”W, 207.79 feet; thence Southwesterly along said Northerly Limited Access Right of Way line and said curve 208.73 feet to the end of said curve; thence along said Northerly Limited Access Right of Way line the following four (4) courses; 1) S64°01'13”W, 61.60 feet; 2) S01°05'51”W, 16.86 feet to existing Northerly Limited Access Right of Way line per Florida Department of Transportation Section 10270-2507; 3) S64°00'43”W, 64.55 feet; 4) S68°20'56”W, 260.91 feet to the East line of Lot 3, Block 4, WEST SHORE EXECUTIVE PARK UNIT NO. 1, as recorded in Plat Book 42, Page 12, Public Records of Hillsborough County, Florida; thence N01°08'00”E, along said East line, 56.67 feet to the said POINT OF BEGINNING.
TOGETHER WITH all rights of ingress, egress, light, air and view between the above described property and the Grantor's remaining property.
Containing 0.599 acres, more or less.
You are each notified that the Petitioner filed its sworn Amended Petition, its Declaration of Taking in this Court against you as defendants and received its 2022-07-25 Differentiated Case Management Order, 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 Christopher C. Nash one of the Judges of this Court on the 2nd day of November, 2022, at 11:00 am, at 800 E. Twiggs St., Room 527 - Edgecomb Courthouse, Tampa, Florida 33602, for an Order of Taking in this cause - to be held remotely via Zoom:
ZOOM LINK:
https://zoom.us/j/4812642204
ZOOM MEETING ID #:
481 264 2204
(No password is required)
VIA PHONE CALL:
1-786-635-1003 or 1-470-381-2552.
Use same meeting ID number
referenced above.
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 required to serve written defenses, if any, and request a hearing, if desired, to said Amended Petition on:
Jay W. Small,
Florida Bar No.: 562890
[email protected]
[email protected]
Brian L. Wagner
Florida Bar No.: 142727
[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
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 October 13, 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 Amended 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 Amended Petition.
If you fail to answer, a default may be entered against you for the relief demanded in the Amended Petition. If you fail to request a hearing on the Amended 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 08/17/2022.
CINDY STUART
CLERK OF THE CIRCUIT COURT
(SEAL) BY: /s/ V Phillips
Deputy Clerk
4867-9886-1101, v. 1
Aug. 26; Sept. 2, 2022 22-02759H