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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
FLORIDA POWER & LIGHT COMPANY, a Florida corporation,
Petitioner, vs.
THOMAS ELEY, MICHAEL ELEY, ROBERT ELEY, BANK OF AMERICA, N.A., LOCKWOOD MEADOWS HOMEOWNERS ASSOCIATION, INC., CYNTHIA L. SHORT F/K/A CYNTHIA L. LEONARD, KENNETH D. SHORT, SARASOTA COUNTY, a political subdivision of the State of Florida, and UNKNOWN PERSONS OR ENTITIES,
Respondents.
CASE NO.: 2022-CA-001038
PARCEL NOS.: 5, 9, 11, 12, 13, and 14
SUMMONS TO SHOW CAUSE,
NOTICE OF EMINENT DOMAIN
PROCEEDINGS AND NOTICE OF HEARING ON JULY 28, 2022 FOR CONSTRUCTIVE SERVICE OF
PROCESS FOR PUBLICATION
IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE AND TO ALL WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN TO all persons claiming interests by, through, under or against the respondents named in the attached Schedule “A”; all persons having or claiming to have any right, title or interest in the property described in Schedule “B” and the unknown spouses of the above-named respondents, if any, and their heirs, devisees, 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.
A Petition in Eminent Domain has been filed to acquire certain property interests in Sarasota County, Florida as described in the Petition. Each respondent and any other person claiming any interest in, or having a lien upon, such property is required to serve a copy of written answer and defenses to the Petition upon JOHN W. LITTLE, III, ESQUIRE, of the Law Firm of GUNSTER, YOAKLEY & STEWART, P.A., 777 South Flagler Drive, Suite 500 East, West Palm Beach, Florida, 33401, attorney for Petitioner, and to file the original of the answer and defenses with the Clerk of this Court, within 20 days from publication, showing what right, title, interest, or lien the respondent has in or to the property described in the Petition and to show cause why that property should not be taken for uses and purposes set forth in the Petition. If any respondent fails to do so, a Default will be entered against that respondent for the relief demanded in the Petition.
PLEASE TAKE FURTHER NOTICE that a Declaration of Taking has been filed in this cause and that Petitioner will apply for an Order of Taking vesting title and possession to the property as described in the Petition in the name of Petitioner, and any other order the Court deems proper before the Honorable Judge Andrea McHugh, Circuit Judge, on Thursday, July 28, 2022, at 1:00 p.m. The hearing will be conducted in Judge McHugh's virtual courtroom through video and telephone. Participants can join the Zoom Meeting in accordance with the instructions attached hereto as Exhibit 1. All Respondents in this action may request a hearing and be heard at the time and place designated. Any Respondent failing to file a request for hearing shall waive any right to object to the Order of Taking.
DATED 5/31/2022
CLERK OF THE CIRCUIT COURT
KAREN E. RUSHING
As Clerk of the Court
By: C Brandenburg (Court Seal)
As Deputy Clerk
EXHIBIT 1
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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, FL 34230, (941) 861-8000 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.
SPANISH
Si usted es una persona discapacitada que necesita alguna adaptacion para poder participar de este procedimiento o evento; usted tiene derecho, sin costo alguno a que se le provea cierta ayuda. Favor de comunicarse con Coordinadora de A.D.A., P.O. Box 3079, Sarasota, FL 34230, (941) 861-8000 por lo menos 7 dias antes de que tenga que comparecer en corte o inmediatamente despues de haber recibido esta notificacion si es que falta menos de 7 dias para su comparecencia. Si tiene una discapacidad auditiva 6 de habla, llame al 711.
”EXHIBIT 1”
Order of Taking Hearing Zoom Instructions
The Honorable Andrea McHugh is inviting you to a scheduled Zoom meeting.
Topic: Florida Power & Light Company v. Thomas Eley, et al. Sarasota County Case No. 2022-CA-001038
Date & Time: July 28, 2022 at 1:00 P.M., Eastern Time (US and Canada)
Zoom Credentials: Join Meeting - Zoom
Meeting ID: 353 234 4884 Password: 756433 Telephone: +1 253 215 8782 (audio only)
SCHEDULE A
Parcel 5 Permanent Easement
Land in Section 16, Township 36 South, Range 18 East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Thomas Eley 2802 Lockwood Meadows Blvd, Sarasota, FL 34234-7858
Life Estate Interest
By virtue of Warranty Deed dated December 8, 2020, recorded December 11, 2020, in Instrument #2020176063.
2. Michael Eley, 180 Trent Avenue, Warwick, Rhode Island 02889
Remainder Interest
By virtue of Warranty Deed dated December 8, 2020, recorded December 11, 2020, in Instrument #2020176063.
3. Robert Eley, 2720 Sutter Street, San Francisco, CA 94115
Remainder Interest
By virtue of Warranty Deed dated December 8, 2020, recorded December 11, 2020, in Instrument #2020176063.
B. Other Interests:
1. Bank of America, N.A. 100 North Tryon Street, Charlotte, NC 28255
Lender
By virtue of the Home Equity Line of Credit Short Form Mortgage dated February 3, 2020, recorded March 25, 2020, in Instrument #2020041834.
2. Lockwood Meadows Homeowners Association, Inc. Unknown
Planting Screen Easement Holder
By virtue of the easement dedications reserved on Plat Book 31, Page 22.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of:
1. Sarasota County, Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
Drainage and Utility Easement Holder
By virtue of the easement dedications reserved on Plat Book 31, Page 22.
Parcel 9 Permanent Easement
Land in Section 16, Township 36 South, Range 18, East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Cynthia L. Short f/k/a Cynthia L. Leonard, 2847 N. Lockwood Meadows Ct.,Sarasota, FL 34234-7877
By virtue of Warranty Deed dated June 5, 1993, recorded July 27, 1993, in Official Records Book 2530, Page 3014, as affected by the Quit Claim Deed dated September 16, 2002, recorded October 24, 2002, in Official Records Book 1778, Page 6614 of the public records of Manatee County, Florida.
2. Kenneth D. Short 2847 N. Lockwood Meadows Ct., Sarasota, FL 34234-7877
By virtue of the Quit Claim Deed dated September 16, 2002, recorded October 24, 2002, in Official Records Book 1778, Page 6614 of the public records of Manatee County, Florida.
B. Other Interests:
1. Lockwood Meadows Homeowners Association, Inc., Unknown
Planting Screen Easement Holder
By virtue of the easement dedications reserved on Plat Book 31, Page 22.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of:
1. Sarasota County, Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
Drainage and Utility Easement Holder
By virtue of the easement dedications reserved on Plat Book 31, Page 22.
Parcel 11 Permanent Easement
Land in Section 8, Township 36 South, Range 18 East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Sarasota County, Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
By virtue of Warranty Deed dated December 13, 2013, recorded December 16, 2013, in Instrument #2013166658.
B. Other Interests: None.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
Parcel 12 Permanent Easement
Land in Section 8, Township 36 South, Range 18 East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Sarasota County Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
By virtue of Warranty Deed dated March 24, 1976, recorded March 24, 1976, in Official Records Book 1113, Page 1576,
B. Other Interests: None.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
Parcel 13 Permanent Easement
Land in Section 8, Township 36 South, Range 18 East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Sarasota County, Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
By virtue of Warranty Deed dated February 23, 2001, recorded March 26, 2001, in Instrument #2001039094.
B. Other Interests: None.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
Parcel 14 Permanent Easement
Land in Section 8, Township 36 South, Range 18 East
Sarasota County Official Records Book and Page where interest is recorded:
I. Nature of interests to be condemned:
A. Owner of Record:
1. Sarasota County, Florida, a political subdivision of the State of Florida, 1600 Ringling Blvd., Sarasota, FL 34236
By virtue of 2001 51st Street Drainage R/W described in Chancery Book 3, Pages 229, 230, 235, 236, 237, and 238.
B. Other Interests: None.
II. Other Interests, Not Condemned:
A. Taking subject to the interests of: None.
SCHEDULE B
PARCEL 5
A PORTION OF LAND LYING IN SECTION 16, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S00°56'13”W, ALONG THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 37.90 FEET; THENCE S89°03'47”E, 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH TUTTLE AVENUE; THENCE S00°56'13”W, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 477.10 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 175 AS SHOWN ON THE PLAT OF LOCKWOOD MEADOWS UNIT III, AS RECORDED IN PLAT BOOK 31, PAGE 22 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE CONTINUE S00°56'13”W, ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID LOT 175, A DISTANCE OF 110.40 FEET TO THE SOUTHWEST CORNER OF SAID LOT 175; THENCE N75°36'31”E, ALONG THE SOUTH LINE OF SAID LOT 175, A DISTANCE OF 15.55 FEET; THENCE N00°56'13”E, 106.29 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 175, SAID POINT ALSO LYING ON THE SOUTH RIGHT-OF-WAY LINE OF LOCKWOOD MEADOWS BOULEVARD; THENCE N89°03'47”W, ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTH LINE OF SAID LOT 175, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,625 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
PARCEL 9
A PORTION OF LAND LYING IN SECTION 16, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 16, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S00°56'13”W, ALONG THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 37.90 FEET; THENCE S89°03'47”E, 50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NORTH TUTTLE AVENUE; THENCE S00°56'13”W, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 114.53 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 171 AS SHOWN ON THE PLAT OF LOCKWOOD MEADOWS UNIT III, AS RECORDED IN PLAT BOOK 31, PAGE 22 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE CONTINUE S00°56'13”W, ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID LOT 171, A DISTANCE OF 113.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT 171; THENCE N69°48'56”E, ALONG THE SOUTH LINE OF SAID LOT 171, A DISTANCE OF 16.08 FEET; THENCE N00°56'13”E, 105.99 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 171; THENCE N83°27'59”W, ALONG SAID NORTH LINE, A DISTANCE OF 15.07 FEET TO THE POINT OF BEGINNING. CONTAINING 1,644 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
PARCEL 11
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S89°55'26”W, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 59.98 FEET; THENCE N00°04'34”W, 50.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY WITH THE WEST RIGHT-OF-WAY LINE OF NORTH TUTTLE AVENUE, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2005, PAGE 2149 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID DR. MARTIN LUTHER KING JR. WAY THE FOLLOWING TWO (2) COURSES: (1) S89°55'26”W, 1825.17 FEET; (2) S00°01'13”W, 25.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY AS DESCRIBED IN OFFICIAL RECORDS INSTRUMENT 2013166658 OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S89°55'26”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 802.26 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A 40 FOOT DRAINAGE EASEMENT AS SHOWN ON THE PLAT OF UNIT NO. 1 NEWTOWN ESTATES, RECORDED IN PLAT BOOK 19, PAGE 17, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE N00°02'32”E, ALONG SAID EAST LINE, A DISTANCE OF 40.00 FEET; THENCE N89°55'26”E, 2627.39 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF NORTH TUTTLE AVENUE; THENCE S00°03'09”E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 59,467 SQUARE FEET OR 1.37 ACRES, MORE OR LESS.
PARCEL 12
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S89°55'26”W, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 2727.50 FEET; THENCE N00°04'34”W, 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY AS SHOWN ON THE PLAT OF UNIT NO. 1 NEWTOWN ESTATES, RECORDED IN PLAT BOOK 19, PAGE 17, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S89°55'26”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 534.97 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 89°55'53” AND A CHORD OF N45°06'37”W, 35.33 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, A DISTANCE OF 39.24 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF NEWTOWN BOULEVARD AS SHOWN ON THE AFOREMENTIONED PLAT OF UNIT NO. 1 NEWTOWN ESTATES; THENCE N00°00'31”W, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 10.03 FEET; THENCE N89°55'26”E, 560.03 FEET TO A POINT ON THE WEST LINE OF A 40 FOOT DRAINAGE EASEMENT AS SHOWN ON THE AFOREMENTIONED PLAT OF UNIT NO. 1 NEWTOWN ESTATES; THENCE S00°02'47”W, ALONG SAID WEST LINE, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 19,466 SQUARE FEET OR 0.45 ACRES, MORE OR LESS.
PARCEL 13
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S89°55'26”W, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 3392.53 FEET; THENCE N00°04'34”W, 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY AS SHOWN ON THE PLAT OF UNIT NO. 1 NEWTOWN ESTATES, RECORDED IN PLAT BOOK 19, PAGE 17, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S89°55'26”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 120.75 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 180.94 FEET, A CENTRAL ANGLE OF 19°30'59” AND A CHORD OF N55°16'54”W, 61.34 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE, A DISTANCE OF 61.63 FEET; THENCE N89°55'26”E, 196.19 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF NEWTOWN BOULEVARD AS SHOWN ON THE AFOREMENTIONED PLAT OF UNIT NO. 1 NEWTOWN ESTATES; THENCE S00°00'31”E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 10.03 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°04'08” AND A CHORD OF S45°01'32”W, 35.38 FEET; THENCE SOUTHWESTERLY, ALONG SAID CURVE, A DISTANCE OF 39.30 FEET TO THE POINT OF BEGINNING. CONTAINING 5,744 SQUARE FEET OR 0.13 ACRES, MORE OR LESS.
PARCEL 14
A PORTION OF LAND LYING IN SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST, SARASOTA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP 36 SOUTH, RANGE 18 EAST; THENCE S89°55'26”W, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 3513.28 FEET; THENCE N00°04'34”W, 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE NORTH RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING JR. WAY AS SHOWN ON THE PLAT OF UNIT NO. 1 NEWTOWN ESTATES, RECORDED IN PLAT BOOK 19, PAGE 17, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA; THENCE S89°55'26”W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 520.26 FEET; THENCE N00°08'48”W, 50.00 FEET; THENCE S86°43'28”E, 256.58 FEET; THENCE N89°55'26”E, 213.81 FEET TO A POINT ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 180.94 FEET, A CENTRAL ANGLE OF 19°30'59”, AND A CHORD OF S55°16'54”E, 61.34 FEET; THENCE SOUTHEASTERLY, ALONG SAID CURVE, A DISTANCE OF 61.63 FEET TO THE POINT OF BEGINNING. CONTAINING 19,356 SQUARE FEET OR 0.44 ACRES, MORE OR LESS.
June 10, 17, 2022 22-01212S