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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN
AND FOR THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY,
FLORIDA
CIVIL ACTION NO.:
2023-CA-007965
PARCEL NO.: 127
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
GOODWILL
INDUSTRIES-MANASOTA, INC.,
A FLORIDA NOT FOR PROFIT CORPORATION. AMISH PROPERTIES, L.L.C., A FLORIDA
LIMITED LIABILITY COMPANY; BANK OF AMERICA, NATIONAL ASSOCIATION; CENTERGATE PROPERTIES, LLC, A DELAWARE
LIMITED LIABILITY COMPANY; NNN REIT, INC., A MARYLAND CORPORATION FORMERLY KNOWN AS NATIONAL RETAIL PROPERTIES, INC., FORMERLY
KNOWN AS COMMERCIAL NET LEASE REALTY, INC., A MARYLAND CORPORATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; BARBARA
FORD-COATES, TAX COLLECTOR.
Defendants.
STATE OF FLORIDA TO:
Department of Health and Human Services
SERVE: Xavier Becerra, Secretary
200 Independence Avenue, S.W.
Washington, D.C. 20201
To all said Defendants who are living, and if any or all Defendants are deceased, the unknown spouse, heirs, devisees, grantees, creditors, lienors, or other parties claiming by, through, under, or against any such deceased 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:
FP. NO. 2012775
SECTION 17075-000 STATE ROAD 93 (I-75) SARASOTA COUNTY DESCRIPTION
PARCEL 127
Parcel 1 as described in Instrument #1998149408, Public Records of Sarasota County, Florida.
“A parcel of land lying and being in Section 1, Township 37 South, Range 18 East, Sarasota County, Florida, being further described as follows:
Commence at the Northwest corner of said Section 1; thence S 89°59'51” E, along the Northerly line of Section 1 and centerline of Bee Ridge Road, 3118.46 feet; thence S 0°00'09” W, 50.00 feet to a point on the Southerly right-of-way line for Bee Ridge Road; thence S 89°59'51” E, along said right-of-way line for Bee Ridge Road, 566.04 feet for a Point of Beginning; thence continue S 89°59'51” E along said right-of-way line, 200.00 feet; thence S 0°00'09” W, 200.00 feet; thence N 89°59'51” W, 200.0 feet; thence N 0°00'09” E, 200.00 feet to the Point of Beginning.”
A and B combined as described below will encompass the entirety of Parcel 1 as quoted above for a total take.
ESTATE OR INTEREST TO BE OBTAINED: FEE SIMPLE - RIGHT OF WAY
A) That portion of the northeast 1/4 of Section 1, Township 37 South, Range 18 East, Sarasota County, Florida.
Being more particularly described as follows:
Commence at the northeast corner of the northeast 1/4 of said Section 1, said corner being on the survey baseline of State Road 758 (Bee Ridge Rd); thence along the north line of said northeast 1/4 and said survey baseline North 89°38'33” West a distance of 1,682.12 feet; thence South 00°21'27” West a distance of 50.00 feet to the south existing right of line of said State Road 758 (per Road Plat Book 3,
Page 41, Public Records of Sarasota County, Florida) for a POINT OF BEGINNING; thence continue South 00°21'27” West a distance of 26.00 feet; thence North 88°13'12” West a distance of 200.06 feet; thence North 00°21'27” East a distance of 21.03 feet to said south existing right of way line; thence along said south existing right of way line South 89°38'33” East a distance of 200.00 feet to the POINT OF BEGINNING.
Containing 4,703 square feet.
ALSO RIGHT OF WAY
B) That portion of the northeast 1/4 of Section 1, Township 37 South, Range 18 East, Sarasota County, Florida.
Being more particularly described as follows:
Commence at the northeast corner of the northeast 1/4 of said Section 1, said corner being on the survey baseline of State Road 758 (Bee Ridge Rd); thence along the north line of said northeast 1/4 and said survey baseline North 89°38'33” West a distance of 1,682.12 feet; thence South 00°21'27” West a distance of 50.00 feet to the south existing right of line of said State Road 758 (per Road Plat Book 3,
Page 41, Public Records of Sarasota County, Florida); thence continue South 00°21'27” West a distance of 26.00 feet for a POINT OF BEGINNING; thence continue South 00°21'27” West a distance of 174.00 feet; thence North 89°38'33” West a distance of 200.00 feet; thence North 00°21'27” East a distance of 178.97 feet; thence South 88°13'12” East a distance of 200.06 feet to the POINT OF BEGINNING. Containing 35,297 square feet.
You are each notified that the Petitioner filed its 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 Sarasota.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable Stephen Walker, one of the Judges of this Court, on the 12th day of February, A.D., 2024, at 2:00 o'clock, P.M., via Zoom:
Div A Standing ZOOM Meeting;
Meeting ID: 465 693 0098,
Password: 568290;
Audio only: 1-786-635-1003
for an Order of Taking in this cause. All Defendants to this suit may request a hearing at the time and place designated and be heard. Any defendant failing to file a request for hearing shall waive any right to object to the Order of Taking.
AND
Each defendant is hereby required to serve written defenses, if any, and request a hearing, if desired, to said Petition:
DEPARTMENT OF TRANSPORTATION
Post Office Box 1249
Bartow, Florida 33831
C/O Andrew J. DeNering
Assistant General Counsel
(863) 519-2623
Florida Bar No.: 975117
on or before the 12th day of January, 2024, and 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 Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida 34230-3079, (941)861-7400, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL of said Court on the day of 11/30/2023.
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
CLERK OF THE CIRCUIT COURT
(SEAL) /s/ Deputy Clerk
December 8, 15, 2023 23-02595S