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NOTICE TO SHOW CAUSE
AND NOTICE OF SUIT
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL ACTION NO:
2023-CA-011530
PARCEL: 122, 707, 800
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION,
Petitioner, -vs-
FAIRWAY WESTSHORE OWNER, LLC, a Delaware limited liability company, f/k/a AG-EREP
WESTSHORE OWNER, LLC, a Delaware limited liability company; BANK OF AMERICA CORPORATION, a Delaware corporation; AMSCOT FINANCIAL, INC, a Florida corporation; BAYSHORE SOLUTIONS, LLC, a Florida limited liability company;
BOHLER ENGINEERING FL, LLC, a Florida limited liability company; FEDERATED MUTUAL
INSURANCE COMPANY, a Minnesota corporation; HEIDRICK & STRUGGLES, INC, a Delaware
corporation; INTERNATIONAL SOCIETY FOR PHARMACEUTICAL ENGINEERING, INC., a Florida
not-for-profit corporation; NATIONAL GENERAL MANAGEMENT CORP., a Delaware corporation; PITNEY BOWES,
INC., a Delaware corporation;
PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio corporation; REDFIN CORPORATION, a Delaware corporation; TB INVESTMENT GROUP, LLC, a Florida limited liability Company; HILLSBOROUGH COUNTY TAX
COLLECTOR; AND ALL UNKNOWN PARTIES THAT MAY HAVE AN INTEREST IN PARCELS
122/7070/800
Defendants.
STATE OF FLORIDA TO:
Fairway Westshore Owner, LLC, a Delaware limited liability company
f/k/a AG-EREP Westshore Owner, LLC, a Delaware limited liability company
Serve: Prineet D. Sharma, Esq., as attorney
7009 Dr. Phillips Boulevard, Suite 130
Orlando, FL 32819
Bank of America, NA, a National Banking Association
Serve: CT Corporation System as registered agent
1200 South Pine Island Road
Plantation, FL 33324
Amscot Financial, Inc., a Florida corporation
Serve: Ian MacKechnie , as registered agent
600 N Westshore Blvd
Suite 1200
Tampa, FL 33609
Bayshore Solutions, LLC, a Florida limited liability company
Serve: Jason E Davis, as registered agent
14423 Woodland Spur Drive
Lithia, FL 33547
Bohler Engineering FL, LLC, a Florida limited liability company
Serve: Corporation Service Company, as registered agent
1201 Hays Street
Tallahassee, FL 32301
Federated Mutual Insurance Company, a Minnesota corporation
Serve: Chief Financial Officer, as registered agent
PO Box 6200 (32314-6200)
200 E Gaines St
Tallahassee, FL 32399
Heidrick & Struggles, Inc., a Delaware corporation
Serve: CT Corporation System, as registered agent
1200 South Pine Island Road
Plantation, FL 33324
International Society for Pharmaceutical Engineering, Inc., a Florida not for profit corporation
Serve: Mark E Hernic, as registered agent
600 N Westshore Blvd
Suite 900
Tampa, FL 33609
National General Management Corp., a Delaware corporation
Serve: Corporation Service Company, as registered agent
1201 Hays Street
Tallahassee, FL 32301-2525
Pitney Bowes, Inc., a Delaware corporation
Serve: Corporation Service Company, as registered agent
1201 Hays Street
Tallahassee, FL 32301-2525
Progressive Casualty Insurance Company, an Ohio corporation
Serve: Chief Financial Officer, as registered agent
PO Box 6200 (32314-6200)
200 E Gaines St
Tallahassee, FL 32399
Redfin Corporation, a Delaware corporation
Serve: Legalinc Corporate Services, Inc, as registered agent
476 Riverside Avenue
Jacksonville, FL32202
TB Investment Group, LLC, a Florida limited liability company
Serve: Sammy Takieddine, as registered agent
600 N Westshore Blvd Suite 200
Tampa, FL 33609
All unknown parties that may have an interest in Parcels 122/707/800
Serve: Via Publication
Hillsborough County Tax Collector
Serve: Nancy C. Millan or her designee
2506 N. Falkenburg Road
Tampa, FL 33619
Courtesy Copy:
Hillsborough County Property Appraiser
c/o Bob Henriquez, CFA
15th Floor County Center
601 E. Kennedy Blvd., FL 33602-4932
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 122
FEE SIMPLE LIMITED ACCESS RIGHT OF WAY
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to the POINT OF BEGINNING; thence continue along said curve having a central angle of 04°14'31”, a radius of 1959.86 feet and a chord bearing and distance of S67°24'39”W, 145.07 feet; thence Southwesterly along said curve and Limited Access right of way line, 145.10 feet to the end of said curve; thence S63°04'06”W, along said Limited Access right of way line, 12.42 feet; thence N00°48'09”E, 36.79 feet to a point on a curve concave Southerly having a central angle of 01°14'17”, a radius of 6783.50 feet and a chord bearing and distance of N80°21'03”E, 146.57 feet; thence Easterly along said curve 146.57 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 2,492 square feet, more or less.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 707
NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to a point on a curve concave Southerly having a central angle of 01°14'17”, a radius of 6783.50 feet and a chord bearing and distance of S80°21'03”W, 146.57 feet; thence Westerly along said curve, 146.57 feet; thence N00°48'09”E, 8.15 feet to the POINT OF BEGINNING; thence continue N00°48'09”E, 32.43 feet; thence S89°11'28”E, 12.14 feet; thence S00°48'32”W, 30.07 feet to a point on a curve concave Southerly having a central angle of 00°06'15”, a radius of 6791.50 feet and a chord bearing and distance of S79°47'50”W, 12.36 feet; thence Westerly along said curve, 12.36 feet to the said POINT OF BEGINNING.
Containing 379 square feet, more or less.
The purpose of this temporary easement is for constructing a new access driveway including ingress/egress.
This easement shall expire five (5) years from the Order of Taking Deposit or completion of the project, whichever occurs first.
WPIS 412531 2 STATE ROAD 93 HILLSBOROUGH COUNTY DESCRIPTION
PARCEL 800
NON-EXCLUSIVE PERMANENT EASEMENT
A portion of Lots 1 and 2, Block 12, TAMPANIA, as recorded in Plat Book 8, Page 71, Public Records of Hillsborough County, Florida, and a portion of the North 1/2 of Lemon Street per vacation by City Ordinance Number 4855-A, recorded in Official Record Book 2157, Page 195, Public Records of Hillsborough County, Florida, lying in the Northeast 1/4 of Section 20, Township 29 South, Range 18 East, Hillsborough County, Florida, being more particularly described as follows:
COMMENCE at a 5/8” Iron Rod and Cap “PBSJ LB 24” marking the intersection of the West line of WHITE ESTATES, as recorded in Plat Book 19, Page 28, Public Records of Hillsborough County, Florida, with the South right of way line of Cypress Street per City of Tampa File No. E-20-2A R/W; thence S00°51'21”W, along the West line of said WHITE ESTATES, 410.84 feet to the Southwest corner of Lot 9, said WHITE ESTATES and the Northerly existing Limited Access right of way line of State Road 93 (Interstate 275) per Florida Department of Transportation Section 10190-2407; thence continue S00°51'21”W, along said Limited Access right of way line, same also being the East line of the West 1/2 of said Lot 1, Block 12, a distance of 133.07 feet to a point on a curve concave Southeasterly having a central angle of 00°51'50”, a radius of 1959.86 feet and a chord bearing and distance of S69°57'49”W, 29.55 feet; thence Southwesterly along said curve and Limited Access right of way line, 29.55 feet to a point on a curve concave Southerly having a central angle of 00°05'39”, a radius of 6783.50 feet and a chord bearing and distance of S80°55'22”W, 11.16 feet; thence Westerly along said curve, 11.16 feet to the POINT OF BEGINNING; thence continue along said curve having a central angle of 01°08'38”, a radius of 6783.50 feet and a chord bearing and distance of S80°18'13”W, 135.41 feet; thence Westerly along said curve, 135.42 feet; thence N00°48'09”E, 8.15 feet to a point on a curve concave Southerly having a central angle of 01°07'50”, a radius of 6791.50 feet and a chord bearing and distance of N80°18'37”E, 134.01 feet; thence Easterly along said curve, 134.01 feet; thence S09°07'28”E, 8.00 feet to the said POINT OF BEGINNING.
Containing 1,078 square feet, more or less.
The purpose of this easement is for maintaining a new gravity wall
You are each noticed that the Petitioner filed its 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 Petitioner will apply to the Honorable Helene L. Daniel one of the Judges of this Court on the 6th day of September 2023, at 9:00 a.m., at Hillsborough County Courthouse, 800 E. Twiggs Street, courtroom 502, Tampa, FL 33602, for an Order of Taking in this cause - to be held in person. 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:
James R. Lussier
Florida Bar No.: 362735
[email protected]
[email protected]
Jay W. Small
Florida Bar No.: 562890
[email protected]
[email protected]
Mateer & Harbert, P.A.
225 E. Robinson St., Suite 600
Orlando, Florida 32801
Telephone: (407) 425-9044
Counsel for Petitioner
on or before August 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 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 17th day of May, A.D., 2023.
CINDY STUART
CLERK OF THE CIRCUIT COURT
By: /s/
Deputy Clerk (S E A L)
4875-1138-2624, v. 1
May 26; June 2, 2023 23-01540H