22-04037H

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-008833
PARCEL: 100
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
FAIRWAY CYPRESS II OWNER, LLC, f/k/a AG-EREP Cypress II Owner, LLC, a Delaware limited liability company, BANK OF AMERICA, N.A., a national banking association, CIBC BANK USA, INC., an Illinois corporation, f/k/a
Canadian Imperial Bank of Commerce, FAIRWAY CYPRESS IV OWNER, LLC, a Delaware limited
liability company, f/k/a AG-EREP Cypress IV Owner, LLC, A D PROCESSING, INC. a/k/a ADP, Inc., a Delaware corporation, ALBERTELLI LAW PARTNERS NEVADA, PLLC a Florida professional limited liability company, d/b/a/ Albertelli Law,
VOXTUR SETTLEMENT SERVICES, LLC, a Florida limited
liability company d/b/a Bright Line Title, LLC, HEALTH E SYSTEMS, LLC, a Florida limited liability company, HYLAND SOFTWARE, INC., an Ohio corporation, INVESTCLOUD, INC., a Delaware corporation, GBT TRAVEL SERVICES UK LIMITED, d/b/a American Express Global Business Travel, a subsidiary of Global Business Travel Group, Inc.,
INVITATION HOMES REALTY, LLC, a Delaware limited liability company, PITNEY BOWES INC., a Delaware corporation, SUPERIOR CONSTRUCTION COMPANY SOUTHEAST, LLC, a Florida
limited liability company,
AMERICAN STRUCTUREPOINT, INC., an Indiana corporation,
APPLIED SYSTEMS, INC., a Florida corporation, BROWN AND CALDWELL (Corporation), a California corporation, CARRIER CORPORATION, a Delaware corporation, EMPOWER BENEFITS, INC. d/b/a Corestream, a Delaware corporation, CYPRESS CENTER CAFÉ, LLC, a Florida limited liability company,
d/b/a Cy-Press Cafe, FEDERAL AWARD MANAGEMENT REGISTRATION, LLC, a Delaware
corporation, GALLAGHER BASSETT SERVICES, INC., a Delaware corporation, GLE ASSOCIATES, INC., a Florida corporation, HEALTHSMART BENEFITS MANAGEMENT LLC, a Texas limited liability company, d/b/a Healthsmart Holdings, Inc.,
KIEWIT INFRASTRUCTURE SOUTH CO., a Delaware corporation d/b/a Kiewit Infrastructure Services, KRONOS (US), INC., a Delaware corporation, RATH, HARPER & ASSOCIATES, INC., a Florida corporation, PB PROFESSIONAL SERVICES, INC., a Delaware corporation, LIGHTPORT, INC., a Florida corporation, HILLSBOROUGH COUNTY TAX COLLECTOR, AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 100,
Defendants.
STATE OF FLORIDA TO:
Fairway Cypress II Owner, LLC, f/k/a AG-EREP Cypress II Owner, LLC, a Delaware limited liability company
By serving: Prineet D. Sharma, Esq., as attorney
3732 Winter Garden Vineland Road
Winter Garden, FL 34787
Bank of America, N.A., a national banking association
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
CIBC Bank USA, Inc., an Illinois corporation, f/k/a Canadian Imperial Bank of Commerce
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Fairway Cypress IV Owner, LLC, a Delaware limited liability company, f/k/a AG-EREP Cypress IV Owner, LLC
By serving: Prineet D. Sharma, Esq., as attorney
3732 Winter Garden Vineland Road
Winter Garden, FL 34787
A D Processing, Inc. a/k/a ADP, Inc., a Delaware corporation
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Albertelli Law Partners Nevada, PLLC a Florida professional limited liability company, d/b/a/ Albertelli Law
By serving: Smith Hulsey & Busey, Professional Assoc., Registered Agent
One Independent Drive, Suite 3300
Jacksonville, FL 32202
Voxtur Settlement Services, LLC, a Florida limited liability company d/b/a Bright Line Title, LLC
By serving: Cogency Global, Inc., Registered Agent
115 N. Calhoun Street #4
Tallahassee, FL 32301
Health E Systems, LLC, a Florida limited liability company
By serving: Ron G. Roma, Registered Agent
5404 Cypress Center Drive, Suite 350
Tampa, FL 33609
Hyland Software, Inc., an Ohio corporation
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Investcloud, Inc., a Delaware corporation
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
GBT Travel Services UK Limited, d/b/a American Express Global Business Travel, a subsidiary of Global Business Travel Group, Inc.
By serving: Paul Abbott, CEO
101 Hudson St.
34th Floor
Jersey City, NJ 07302
Invitation Homes Realty, LLC, a Delaware limited liability company
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Pitney Bowes Inc., a Delaware corporation
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Superior Construction Company Southeast, LLC, a Florida limited liability company
By serving: Peter Kelley, President
7072 Business Park Blvd.
Jacksonville, FL 32256
American Structurepoint, Inc., an Indiana corporation
By serving: Cogency Global Inc., Registered Agent
115 North Calhoun Street, Suite 4
Tallahassee, FL 32301
Applied Systems, Inc., a Florida corporation
By serving: Spiegel & Utrera, PA, Registered Agent
1840 Coral Way, 4th Floor
Miami, FL 33145
Brown and Caldwell (Corporation), a California corporation
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Carrier Corporation, a Delaware corporation
By serving: United Agent Group, Inc., Registered Agent
801 US Highway 1
North Palm Beach, FL 33408
Empower Benefits, Inc. d/b/a Corestream, a Delaware corporation
By serving: Kenneth Clinebell, Registered Agent
3606 Enterprise Avenue, Suite 304
Naples, FL 34104
Federal Award Management Registration, LLC, a Delaware corporation
By serving: Bradley Anderson, Registered Agent
5310 Cypress Center Drive, Suite 100
Tampa, FL 33609
Fontenot Food Service, LLC, a Florida limited liability company, d/b/a Lettuce Eat
By serving: Dorothy R. Fontenot
17103 Kiteglide Ct.
Lithia, FL 33547
Gallagher Bassett Services, Inc., a Delaware corporation
By serving: The Prentice-Hall Corporation System, Inc., Registered Agent
1201 Hays Street
Tallahassee, FL 32301
GLE Associates, Inc., a Florida corporation
By serving: Robert B. Greene, President
5405 Cypress Center Drive, Suite 110
Tampa, FL 33609
Healthsmart Benefits Management LLC, a Texas limited liability company, d/b/a Healthsmart Holdings, Inc.
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Kiewit Infrastructure South Co.,a Delaware corporation d/b/a Kiewit Infrastructure Services
By serving: CT Corporation System, Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
Kronos (US), Inc., a Delaware corporation
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Rath, Harper & Associates, Inc., a Florida corporation
By serving: Victor W. Holcomb, Registered Agent
3203 W Cypress Street
Tampa, FL 33607
PB Professional Services, Inc., a Delaware corporation
By serving: Corporation Service Company, Registered Agent
1201 Hays Street
Tallahassee, FL 32301
Lightport, Inc., a Florida corporation
By serving: CT Corporation System, Registered Agent
5310 Cypress Center Dr.
Suite 200
Tampa, FL 33609
All unknown parties that may have an interest in Parcels 100
Serve: Via Publication
Hillsborough County Tax Collector
By serving: Nancy C. Millan or her designee
2506 N. Falkenburg Road
Tampa, FL 33619
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 100
FEE SIMPLE LIMITED ACCESS RIGHT OF WAY
A portion of Lots 1 and 12, Block 2, GRAY TERRACE, as recorded in Plat Book 12, Page 64. And Lot 1, Block 27, TAMPANIA, as recorded in Plat Book 8, Page 71, and the North 1/2 of Gray Street, vacated by City Ordinance Number 6845-A, recorded in Official Record Book 3334, Page 1724, 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 Nail and Disk “PBSJ LB 24” marking the Northwest corner of Lot 2, Block 26, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida; thence N01°05'51”E, along the Northerly extension of the West line of said Lot 2, Block 26, a distance of 29.75 feet to a point on the South line of the North 1/2 of Gray Street, vacated by City Ordinance Number 6845-A, recorded in Official Record Book 3334, Page 1724, Public Records of Hillsborough County, Florida; thence S89°36'59”E, along said South line, 243.17 feet to a point on the Northerly existing Limited Access Right of Way line of Interstate 275 (State Road 93) per Florida Department of Transportation Right of Way Map WPIS 258398 1; thence continue S89°36'59”E, along said Northerly Limited Access Right of Way line, 67.49 feet to the POINT OF BEGINNING; said point being on a curve concave Westerly having a central angle of 19°20'43”, a radius of 547.67 feet and a chord bearing and distance of N05°00'07”W, 184.04 feet; thence Northerly along said curve, 184.91 feet to a point of compound curvature of a curve concave Westerly having a central angle of 01°58'04”, a radius of 1120.67 feet and a chord bearing and distance of N15°39'30”W, 38.49 feet; thence Northerly along said curve, 38.49 feet to a point on the existing Westerly Limited Access Right of Way line per Florida Department of Transportation Right of Way Map Section 10270-2507; thence S26°10'32”E, along said Westerly Limited Access Right of Way line, 84.92 feet to the beginning of a curve concave Westerly having a central angle of 19° 53'16”, a radius of 440.00 feet and a chord bearing and distance of S17°56'27”E, 151.96 feet; thence Southerly along said curve and said Westerly Limited Access Right of Way line, 152.73 feet to the South line of said North 1/2 of Gray Street; thence N89°36'59”W, along said South line and said Northerly Limited Access Right of Way line, 57.84 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 6,347 square feet, more or less.
You are each noticed that the Petitioner filed its sworn Amended 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 the Honorable Mark R. Wolfe one of the Judges of this Court on the 17th day of April, 2023, at 1:30 p.m., at 800 E. Twiggs St., Room 511, Edgecomb Courthouse, Tampa, Florida 33602, 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 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.
Each defendant is hereby 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
Primary:
[email protected]
Secondary:
[email protected]
Joseph K. Fabbi
Florida Bar Number: 1022503
Primary: [email protected]
Secondary:
[email protected]
Mateer & Harbert, P.A.
225 E. Robinson St., Suite 600
Orlando, Florida 32801-4334
Telephone: (407) 425-9044
On or before January 23, 2023, 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, who 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.
WITNESS MY HAND AND SEAL of said Court on the 19 day of December, A.D., 2022.
Cindy Stuart
CLERK OF THE CIRCUIT COURT
(SEAL) By: Isha Tirado-Baker
Deputy Clerk
The Court's Zoom Information
URL: https://zoom.us/j/91757641087
Meeting ID: 917 5764 1087
Passcode: 973927
One tap mobile
+1 786 635 1003
+1 301 715 8592
Meeting ID: 917 5764 1087
Passcode: 973927
4881-4533-7410, v. 1
Dec. 30, 2022; Jan. 6, 2023 22-04037H

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