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NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL ACTION NO.:
2023CA003114
PARCEL NO.: 100
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, vs.
ROBERT L. GOLUBA,
TRUSTEE OF THE ROBERT L GOLUBA, DMD, PA, DEFERRED CONTRIBUTION TRUST;
LAGOS APARTMENTS VIII, A FLORIDA CORPORATION,
AS SUCCESSOR IN INTEREST TO LEXFORD INDUSTRIES DEVELOPMENT, LLC, AS SUCCESSOR BY MERGER WITH
CARDINAL INDUSTRIES DEVELOPMENT CORPORATION; THOMAS H. LAGOS, AS SUCCESSOR IN INTEREST TO LEXFORD INDUSTRIES DEVELOPMENT, LLC, AS SUCCESSOR BY MERGER WITH CARDINAL INDUSTRIES DEVELOPMENT CORPORATION; PASCO COUNTY TAX COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCEL 100,
Defendants.
STATE OF FLORIDA TO:
Robert L. Goluba, Trustee of the Robert L. Goluba, DMD, PA, Deferred Contribution Trust By Serving: Helinger & Deyoung, Eminent Domain Attorneys
5650 1st Avenue North
St. Petersburg, FL 33710
Lagos Apartments VIII, Inc., a Florida corporation, as successor in interest to Lexford Industries Development, LLC., as successor by merger with Cardinal Industries Development Corporation By Serving: Yianni Lagos, as registered agent 3802 Spectrum Blvd., Suite 157 Tampa, FL 33612
Thomas H. Lagos, as successor in interest to Lexford Industries Development, LLC, as successor by merger with Cardinal Industries Development Corporation
By Serving: Thomas H. Lagos
750 Shrine Road
Springfield, OH 45504-3932
All unknown parties that may have an interest in Parcel 100 By Serving:
Via Publication
Pasco County Tax Collector
Serve: Mike Fasano or his designee
E. Pasco Government Center
14236 6th Street, Room 100
Dade City, FL 33523-3411
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:
F.P.NO. 256423-3 STATE ROAD 533 PASCO COUNTY DESCRIPTION
PARCEL 100
FEE SIMPLE RIGHT OF WAY
A portion of land as described in Official Record Book 1602, Page 697, Public Records of Pasco County, Florida, lying in the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 34, Township 24 South, Range 21 East, Pasco County, Florida, and being more particularly described as follows:
COMMENCE at the Southwest corner of the Northeast 1/4 of Section 34, Township 24 South, Range 21 East, Pasco County, Florida, being marked by a 5” x 5” Concrete Monument with no identification; thence N89°56'03”E, along the South line of said Northeast 1/4, a distance of 2649.84 feet to the Southeast corner of the Northeast 1/4 of said Section 34; thence N00°16'40”E, along the East line of said Northeast 1/4, a distance of 141.35 feet to an intersection with the Easterly extension of the North line of lands described in Official Record Book 1602, Page 697, Public Records of Pasco County, Florida; thence S89°58'18”W, along said Easterly extension, 47.58 feet to a point on the existing Westerly right of way line of U.S.301 (U.S.98) per Florida State Road Department Right of Way Map Section 1405 Project 5225 and the POINT OF BEGINNING; said right of way line being a curve concave Westerly having a central angle of 06°32'20”, a radius of 798.83 feet and a chord bearing and distance of S03°09'08”E, 91.12 feet; thence Southerly, along said curve and said Westerly right of way line, 91.17 feet to the end of said curve; thence S00°07'02”W. along said Westerly right of way line, 165.53 feet to the South line of said lands; thence S89°53'12”W, along said South line, 7.00 feet; thence N00°04'19”E, 113.33 feet; thence N22°05'16”W, 154.50 feet to the North line of said lands; thence N89°58'18”E, along said North line, 60.28 feet to the said POINT OF BEGINNING.
Containing 5837 square feet, more or less.
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 Pasco. You are further notified that the Petitioner will apply to the Honorable Susan Gardner Barthle, one of the Judges of this Court on the 21st day of July 2023, at 11:00 a.m., at 38053 Live Oak Avenue, Room 127, Dade City, FL 33523, for an Order of Taking Hearing in this cause - to be held in-person. 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 on:
State of Florida, Department of Transportation
11201 N. McKinley Drive
Tampa, Florida 33612
c/o Sonya Pridgen
(813) 975-6485
Florida Bar No.: 56825
on or before June 21, 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 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 accommodation to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Contact either the Pasco County Customer Service Center, 8731 Citizens Drive, New Port Richey, FL 34654, (727) 847-2411 (V), or the Pasco County Risk Management Office, 7536 State Street, New Port Richey, FL 34654, (727) 847-8028 (V), at )east seven days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is fewer than seven days. If you are hearing or voice impaired, call 711.
WITNESS MY HAND AND SEAL ON SAID Court on the May 1, 2023 day of ____,2023.
CLERK OF THE CIRCUIT COURT
Nikki Alvarez-Sowles
Pasco County Clerk & Comptroller
Deputy Clerk: Jamie Dye
May 19, 26, 2023 23-00781P