23-01562K

NOTICE TO SHOW CAUSE AND NOTICE OF SUIT
IN THE CIRCUIT COURT IN AND FOR THE TENTH JUDICIAL
CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA
CIVIL ACTION NO.:
2023-CA-006264
PARCEL NO.: 712
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
Petitioner, vs
THE ESTATE OF VINH VAN NGUYEN, DECEASED; ANY KNOWN OR UNKNOWN NATURAL PERSON, AND, WHEN DESCRIBED AS SUCH, THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, CREDITORS, OR OTHER PARTIES CLAIMING BY, THROUGH,
UNDER VINH VAN NGUYEN, OR AGAINST ANY KNOWN OR UNKNOWN PERSON WHO IS KNOWN TO BE DEAD OR IS NOT KNOWN TO BE EITHER DEAD OR ALIVE; JOE G. TEDDER, TAX COLLECTOR
Defendants,
STATE OF FLORIDA TO:
The Estate of Vinh Van Nguyen,
Deceased
SERVE: Request an Administrator Ad Litem be appointed
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:
F.P. NO. 4366731
SECTION 16210-000 STATE ROAD 35 (US 98) POLK COUNTY DESCRIPTION
PARCEL 712
ESTATE OR INTEREST TO BE OBTAINED: TEMPORARY CONSTRUCTION EASEMENT
That portion of Lot 2, Block 2, Lakeland Acres, a subdivision lying in Section 17, Township 26 South, Range 23 East, as per plat thereof recorded in Plat Book 46, Page 29, Public Records of Polk County, Florida.
Being described as follows:
Commence at the southeast corner of the southeast 1/4 of said Section 17; thence along the west line of said southeast 1/4, North 00°12'47” East a distance of 1,407.83 feet to the survey baseline of State Road 35 (US 98); thence along said survey baseline
North 43°40'44” West a distance of 202.78 feet; thence South 89°50'08” West a distance of 110.31 feet to the westerly existing right of way line of said State Road 35 [per Project 1621-1220(5696)] and to the east line of said Lot 2 for a POINT OF BEGINNING; thence continue South 89°50'08” West a distance of 13.79 feet; thence North 43°40'44” West a distance of 3.85 feet; thence North 46°19'16” East a distance of 10.00 feet to said westerly existing right of way line and said east line; thence along said westerly existing right of way line and said east line South 43°40'44” East a distance of 13.35 feet to the POINT OF BEGINNING.
Containing 86 square feet.
The purpose of this Temporary Construction Easement is to assist in construction of a driveway needed for the roadway project. The expiration date of this easement is the last day of December 2027.
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 Polk.
You are further notified that a Pre-Order of Taking Case Management Conference has been set before the Honorable Ellen Masters, one of the Judges of this Court, on the 30th day of January A.D., 2024, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, Bartow, Florida, at which time an Order of Taking will be entered if all parties are in agreement or if no hearing has been requested. All parties are required to attend the Pre-Order of Taking Case Management Conference.
The Defendants, and any other persons claiming any interest in the property described, are notified that the Petitioner will apply to the Honorable Ellen Masters, one of the Judges of this Court, on the 13th day of February, A.D., 2024, at 9:00 A.M, Polk County Courthouse, 255 North Broadway, Bartow, Florida 33830, for an Order of Taking hearing 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 Chris Pawlus
Assistant General Counsel
(863) 519-2623
Florida Bar No.: 0484695
on or before the 30th day of December, A.D., 2023, 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 Office of the Court Administrator, 255 N. Broadway Avenue, Bartow, Florida 33830, (863) 534-4686, 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.
WITNESS MY HAND AND SEAL of said Court on the day of 10/25/2023.
STACY M. BUTTERFIELD
CLERK OF THE CIRCUIT COURT
BY: /s/ Barbara Plehn
Deputy Clerk
(S E A L)
November 3, 10, 2023 23-01562K